**B****efore the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | ET Docket No. 00‑221         |
|                                  | * |                              |
| Reallocation of the 216-220 MHz, | ) | RM‑9267                      |
|                                  | * |                              |
| 1390-1395 MHz, 1427-1429 MHz,    | * | RM‑9692                      |
|                                  |   |                              |
| 1429-1432 MHz, 1432-1435 MHz,    | * | RM‑9797                      |
|                                  | * |                              |
| 1670-1675 MHz, and 2385-2390 MHz | ) | RM‑9854                      |
| Government Transfer Bands; and   | * |                              |
|                                  | * | ET Docket No. 99‑255         |
| Amendment of Parts 2 and 95 of   |   |                              |
| the Commission's Rules to Create | * | PR Docket No. 92‑235         |
| a Wireless Medical Telemetry     | * |                              |
| Service; and                     | ) | WT Docket No. 97‑153         |
|                                  | * |                              |
| Amendments to Part 90 of the     | * |                              |
| Commission\'s Rules Concerning   |   |                              |
| Private Land Mobile Radio        | * |                              |
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+----------------------------------+---+------------------------------+

**REPORT AND ORDER AND**

**MEMORANDUM OPINION AND ORDER**

**Adopted: December 21, 2001 Released: January 2, 2002**

By the Commission:

TABLE OF CONTENTS

[Paragraph]{.underline}

I. INTRODUCTION 1

II\. EXECUTIVE SUMMARY 2

III\. BACKGROUND 8

IV\. DISCUSSION

A. Frequency Bands

1\. 216-220 MHz Band 14

2\. The 1.4 GHz Bands 36

a\. Frequency Bands 37

b\. Band Plan 41

3\. 1670-1675 MHz Band 61

4\. 2385-2390 MHz Band 67

B. Effect of Reallocated Spectrum on Native Americans 72

C. Protection of Government Services 73

V. CONCLUSION 74

VI\. PROCEDURAL MATTERS

A. Final Regulatory Flexibility Act 75

B. Paperwork Reduction Act 76

VII\. ORDERING CLAUSES 77

[Appendices]{.underline} [Page]{.underline}

A. List of Commenters [33](#appendix-a-list-of-commenters)

B. Final Regulatory Flexibility Analysis
[39](#appendix-b-final-regulatory-flexibility-analysis)

C. Final Rules [43](#appendix-c-final-rules)

# iNTRODUCTION

1.  By this action, we allocate 27 megahertz of spectrum from the
    216‑220 MHz, 1390‑1395 MHz, 1427‑1429 MHz, 1429‑1432 MHz,
    1432‑1435 MHz, 1670‑1675 MHz, and 2385‑2390 MHz bands for
    non-Government use, thereby effectuating the transfer of this
    spectrum from the Federal Government pursuant to statutory
    requirements.[^1] As discussed in the *Notice of Proposed Rule
    Making* for this proceeding (*Notice*),[^2] these seven frequency
    bands are being transferred pursuant to the provisions of the
    Omnibus Budget Reconciliation Act of 1993 (OBRA‑93)[^3] and the
    Balanced Budget Act of 1997 (BBA‑97).[^4] This action continues the
    implementation of the Commission's November 1999 *Spectrum Policy
    Statement*, which identified a preliminary allocation plan for this
    spectrum, and articulated goals for efficient spectrum
    management.[^5] Within that framework, our actions here fulfill our
    statutory obligation to reallocate this transfer spectrum to
    non‑Government users. We believe that the actions taken herein,
    coupled with a companion Notice of Proposed Rule Making seeking
    comment on appropriate service rules for the reallocated frequency
    bands,[^6] will lead to the development of new technologies and
    services and provide spectrum alternatives for users currently
    operating on heavily encumbered spectrum where operations are
    constrained due to congestion.

# Executive summary

2.  Upon consideration of the record, we are taking the following major
    actions in this Report and Order:

-   Allocating the 216-220 MHz band to the fixed and mobile (except
    aeronautical mobile) services[^7] on a co-primary basis. This action
    elevates the Low Power Radio Service (LPRS) from secondary to
    primary status in the 216‑217 MHz band and provides existing
    licensees in the Automated Maritime Telecommunication System (AMTS)
    with additional flexibility, but does not alter the status of the
    218-219 Service, which already operates on a primary basis in this
    spectrum.

-   Allocating the 1390‑1392 MHz band to the fixed-satellite service
    (Earth-to-space) and the 1430‑1432 MHz band to the fixed-satellite
    service (space-to-Earth) on a primary basis. The use of these
    allocations will be limited to feeder links for NVNG MSS systems
    (Little LEOs) and is contingent on the adoption of a similar
    international allocation.

-   Additionally allocating the 1390-1392 MHz band to the fixed and
    mobile (except aeronautical mobile) services on a co-primary basis,
    having determined that these services can successfully share
    spectrum with the Little LEO feeder uplinks. This band will be
    available on an unpaired basis.

-   Shifting the Wireless Medical Telemetry Service (WMTS) allocation
    from 1429‑1432 MHz to 1427‑1429.5 MHz and maintaining the secondary
    status of non-medical telemetry systems in this band. Elevating
    telemetry to primary status in the 1429.5-1432 MHz band.

-   Allocating the 1392‑1395 MHz band and the 1432‑1435 MHz band to the
    fixed and mobile (except aeronautical mobile) services on a
    co-primary basis. These bands will be available on a paired basis.

-   Allocating the 1670‑1675 band to the fixed and mobile (except
    aeronautical mobile) services on a co-primary basis and the
    2385‑2390 MHz band to the fixed and mobile services on a co-primary
    basis. These bands will be available on an unpaired basis.

-   Deleting the primary Federal Government allocations in the
    216‑220 MHz, 1390‑1395 MHz, 1427‑1429 MHz, 1432‑1435 MHz,
    1670‑1675 MHz, and 2385‑2390 MHz bands, except as specified in
    footnotes US229, US352, US361, US362, and US363.[^8]

3.  The 1390-1395 MHz, 1427-1429 MHz, and 2385-2390 MHz bands are being
    allocated for exclusive non-Federal Government use, while the
    216-220 MHz, 1432-1435 MHz, and 1670-1675 MHz bands are being
    allocated for mixed use.[^9] In a separate proceeding, we
    effectuated the transfer of the 1429-1432 MHz band from shared use
    to exclusive non-Federal Government use, allocated it to the land
    mobile service, limited the use of this allocation to medical
    telemetry and telecommand operations, and established WMTS.[^10] In
    this proceeding, we are modifying the allocation of the
    1429-1432 MHz band. Thus, a total of 27 megahertz of
    Government-transfer spectrum is considered in this proceeding.

4.  All primary Federal Government allocations are being deleted from
    the transfer bands, except in the mixed-use bands, where a limited
    number of stations will be grandfathered indefinitely.[^11] Federal
    agencies will not add new primary stations in any of the transfer
    bands. In the bands 1432-1435 MHz and 2385-2390 MHz,
    non-grandfathered Federal Governments stations will retain their
    primary status until relocated in accordance with the Strom Thurmond
    National Defense Authorization Act of Fiscal Year 1999
    (NDAA-99).[^12]

5.  In this proceeding, we deny two pending petitions for
    reconsideration of the WMTS allocation.[^13] These petitions seek
    reconsideration of our decision to allocate the 1429‑1432 MHz band
    for WMTS rather than for non‑voice, non‑geostationary
    mobile‑satellite service (NVNG MSS; generally known as Little
    LEOs[^14]) feeder downlinks.[^15] In this connection, we note that
    satellite entities have been trying for several years to obtain a
    worldwide allocation for Little LEO feeder links in the
    1429‑1432 MHz band.[^16] We are however, providing Little LEOs with
    access to four megahertz of spectrum (two megahertz of uplink and
    two megahertz of downlink) contingent on the United States obtaining
    an international allocation. While this action does not grant the
    Little LEOs what they requested in their petitions, we believe that
    it provides an opportunity for them to expand capacity, which is the
    stated intent of their proposal.

6.  Because the 216‑220 MHz band is considered for reallocation in this
    proceeding, we are addressing an issue that remains pending from the
    *Notice of Proposed Rule Making* in WT Docket No. 97‑153 and
    terminating that proceeding.[^17] That proceeding addressed several
    issues regarding the Private Land Mobile Radio Service (PLMRS)
    rules, including the possibility of limiting telemetry operations in
    the 216‑220 MHz band to only the 217‑220 MHz band.[^18] Limiting
    telemetry operations in this way was explored as a means of
    protecting operations of LPRS, which operates in the 216‑217 MHz
    band.[^19]

7.  In a separate, but related proceeding we plan to adopt rules and
    procedures to implement certain provisions of the Strom Thurmond
    National Defense Authorization Act for Fiscal Year 1999 (NDAA‑99)
    which requires non‑Governmental entities to reimburse Governmental
    entities for the marginal relocation costs associated with moving
    their operations to other spectrum bands.[^20] At that time, we also
    plan to issue a Further Notice of Proposed Rule Making seeking
    additional comment to supplement the record for that proceeding.
    While proposals for implementation of NDAA‑99 were made in the
    *Notice* for this proceeding, we believe that the broad issues and
    general procedures that will be part of our competitive bidding
    procedures merit consideration in a separate proceeding. In
    addition, our implementation of NDAA‑99 is heavily dependent on
    procedures being promulgated by National Telecommunications and
    Information Administration (NTIA), which have not yet been released.
    Of the seven frequency bands subject to this proceeding, the
    216‑220 MHz, 1432‑1435 MHz, and 2385‑2390 MHz bands are subject to
    the provisions of NDAA‑99.

# BACKGROUND

8.  In OBRA‑93, the Congress directed the Secretary of Commerce to
    identify at least 200 megahertz of Federal Government primary
    spectrum below 5 GHz for transfer to non‑Federal Government
    services.[^21] To guide this process, the Congress stated that the
    identified spectrum not be required for the present or identifiable
    future needs of the Federal Government.[^22] Further, the Commission
    was directed to allocate 50 megahertz of such spectrum within 18
    months of the issuance of a report by the Secretary of Commerce and
    to allocate most of the remainder over a 10-year period while
    reserving a portion for allocation after that period.[^23] As a
    result of this requirement, the NTIA identified 235 megahertz of
    Federal Government spectrum for transfer to non‑Federal Government
    use, including the 1390‑1395 MHz, 1427‑1432 MHz, and 1670‑1675 MHz
    bands.[^24] OBRA‑93 also gave the Commission the authority to
    resolve cases of mutually exclusive license applications by
    assigning licenses through competitive bidding in certain radio
    services.[^25]

9.  In BBA‑97, the Congress directed the Secretary of Commerce to
    identify an additional 20 megahertz of spectrum below 3 GHz for
    transfer from Federal Government to non‑Federal Government use to be
    assigned in compliance with Section 309(j) of the Communications Act
    of 1934, as amended (Communications Act).[^26] In compliance with
    the requirements of this Act, the Secretary of Commerce issued a
    report in February, 1998, which identified six frequency bands for
    reallocation, including the 216‑220 MHz, 1432‑1435 MHz, and
    2385‑2390 MHz bands.[^27] BBA‑97 also expanded the Commission\'s
    auction authority by amending Section 309(j) of the Communications
    Act to provide that all mutually exclusive applications for initial
    licenses or construction permits *shall* be auctioned, except for
    licensing for public safety radio services and certain other types
    of broadcast licenses not applicable here.[^28] Finally, BBA‑97
    authorized Federal Government entities to accept cash or in‑kind
    payment to compensate for the marginal relocation costs associated
    with vacating spectrum transferred from Federal Government to
    non‑Federal Government use, establishing a relocation regime similar
    to the Commission's relocation policy for Emerging Technology
    Services, such as the Personal Communications Services (PCS).[^29]
    We also note that NTIA\'s Report on Identification of Alternate
    Bands identifies portions of 1.4 GHz band and the 1670-1675 MHZ band
    as candidates for substitution under the Balanced Budget Act of
    1997.[^30]

10. NDAA‑99 requires that "\[a\]ny person on whose behalf a Federal
    entity incurs costs... shall compensate the Federal entity in
    advance for such costs. Such compensation may take the form of a
    cash payment or in‑kind compensation."[^31] Both the Commission and
    NTIA have interpreted this language as making mandatory the
    previously voluntary Federal Government reimbursement for relocation
    authorized in BBA‑97. NDAA‑99 applies only to the bands transferred
    to non‑Federal Government use under BBA‑97, to the 1710‑1755 MHz
    band, and to future actions where commercial users of spectrum are
    seeking relocation in spectrum or modification in existing spectrum
    of a Federal Government station, but not to the bands transferred to
    non‑Federal Government use under OBRA‑93.[^32] Accordingly, the
    mandatory reimbursement rules apply to the 216‑220 MHz,
    1432‑1435 MHz, and 2385‑2390 MHz bands addressed in this
    proceeding.[^33]

11. On November 22, 1999, the Commission released a *Spectrum Policy
    Statement,* which set forth guiding principles for reallocation of
    spectrum to encourage the development of telecommunications
    technology for the new millennium. In the *Spectrum Policy
    Statement,* the Commission provided a blueprint for the reallocation
    of approximately 200 megahertz of spectrum including the 27
    megahertz addressed in this proceeding, and identified several
    spectrum management goals, including: (1) maximizing the value of
    the spectrum, both in terms of utility to the public and value at
    auction; (2) accommodating incumbent uses in the spectrum which
    provide valuable service to the public; and (3) fostering
    competition both within and between services, which will encourage
    the most economically and technically efficient use of the
    spectrum.[^34]

12. In response to the statutes, spectrum reallocation reports, and
    *Spectrum Policy Statement*, we received five petitions for rule
    making, requesting allocation of one or more of the bands addressed
    in this proceeding. Regionet Wireless License, LLC (Regionet),
    requested that we reallocate the 218‑219 MHz band to the Paging and
    Radiotelephone Service and pair the 218‑219 MHz band with the
    216‑217 MHz band to allow two‑way paging and response.[^35] The Land
    Mobile Communications Council (LMCC) requested allocation of the
    1390‑1395 MHz, 1427‑1435 MHz, and 1670‑1675 MHz bands, among others,
    to the PLMRS for use by industrial and public safety licensees.[^36]
    MicroTrax, Inc. (MicroTrax) requested an allocation of 5 megahertz
    from the 1390‑1400 MHz, 1427‑1432 MHz, 1432‑1435 MHz, 1670‑1675 MHz,
    or 2385‑2390 MHz bands for a new Personal Location and Monitoring
    Service (PLMS).[^37] Itron, Inc. (Itron) requested an upgrade of the
    fixed and mobile secondary allocations (the use of which are limited
    to telemetry and telecommand applications) in the 1427‑1432 MHz band
    to primary status, in order to enhance the status of utility
    telemetry.[^38] Finally, three NVNG MSS licensees request that we
    allocate the 1390‑1393 MHz and 1429‑1432 MHz bands to Little
    LEOs.[^39] These petitions along with the guidelines specified in
    the *Spectrum Policy Statement* formed the basis for the proposals
    made in the *Notice*.

13. In response to our *Notice*, we received 418 comments and 15 reply
    comments. A list of commenters is included as Appendix A.

# Discussion

## Frequency Bands

### 216‑220 MHz Band

14. In ITU Region 2,[^40] the 216‑220 MHz band is allocated to the fixed
    and maritime mobile services on a co-primary basis and to the
    radiolocation service on a secondary basis.[^41] Domestically, the
    216-220 MHz band is allocated to the maritime mobile service on a
    primary basis for both Federal and non‑Federal Government use. While
    there is no Federal Government use of this maritime mobile
    allocation, we have licensed the AMTS service in the 217‑218 MHz
    (coast station transmit) and 219‑220 MHz (ship station transmit)
    sub-bands for use along the coastlines and inland waterways of the
    United States, especially the Mississippi and Ohio Rivers and the
    Gulf of Mexico.[^42] Federal Government use of the 216-220 MHz band
    includes the U.S. Navy\'s Space Surveillance (SPASUR) bi-static
    radar system in the 216.88-217.08 MHz sub-band.[^43] The SPASUR
    system consists of high-powered radars at three transmit sites and
    six receive sites.[^44] As a condition of the band\'s transfer, the
    SPASUR system will be protected indefinitely.

15. In addition, the 216-220 MHz band is allocated to the radiolocation
    service on a secondary basis for Federal Government use. The U.S.
    Coast Guard operates approximately 30 airsearch radars in the
    216-225 MHz band, with the operating frequency at 220 MHz, in the
    Atlantic and Pacific Oceans.[^45] The 216-220 MHz band is also
    allocated to the fixed, aeronautical mobile, and land mobile
    services on a secondary basis for Federal and non-Federal Government
    use, limited to telemetering and telecommand operations, such as gas
    pipeline data collection and remote monitoring of vehicle
    performance testing.[^46] These secondary allocations are also used
    for wildlife and ocean buoy tracking, including airborne wildlife
    telemetry in the 216.0‑216.1 MHz sub-band.[^47]

16. Additionally, portions of the 216-220 MHz band are allocated to the
    following non-Federal Government services. The 216-217 MHz sub-band
    is available to the LPRS on a secondary basis and its permitted uses
    include auditory assistance devices, health care aids, law
    enforcement tracking systems, and point‑to‑point AMTS control
    stations.[^48] The 218‑219 MHz sub-band is allocated on a primary
    basis to the 218‑219 MHz Service (formerly the Interactive Video and
    Data Services (IVDS)).[^49] The 219-220 MHz sub-band is allocated to
    the amateur service on a secondary basis.[^50]

17. In the *Notice*, we proposed to allocate the 216‑220 MHz band to the
    fixed and mobile (except aeronautical mobile) services on a
    co-primary basis. Along with this general allocation, we proposed to
    require that any mobile service licensees that may be licensed in
    the band use the 216‑218 MHz portion of the band for base station
    transmit and the 218‑220 MHz portion of the band for mobile station
    transmit in order to minimize the potential of causing harmful
    interference to the reception of TV channel 13, which operates in
    the adjacent 210‑216 MHz band. In addition, we asked for comment on
    whether we should elevate the status of telemetry or LPRS in this
    band to primary.[^51] We expressed concern in the *Notice* about the
    continued viability of the incumbent, non‑Federal Government
    services, particularly LPRS, in the 216‑220 MHz band, which, while
    not authorized on a primary basis, serve important public
    needs.[^52] Finally, we proposed to remove the wildlife and ocean
    tracking allocation from this band.[^53]

18. In the *Notice*, we pointed out that NTIA recommended the transfer
    of the 216‑220 MHz band from shared Government and non‑Government
    use to mixed use[^54] pursuant to BBA‑97, and therefore licenses in
    the band must be awarded in accordance with Section 309(j) of the
    Communications Act in time for assignment of licenses by September
    30, 2002.[^55] The band will become available for non‑Federal
    Government use in January 2002.[^56] As we stated in the *Spectrum
    Policy Statement*, the 216‑220 MHz band is already used extensively
    for non‑Federal Government services, which will limit the
    opportunities for new licensing in the band.[^57] Any new service
    allocated on a primary basis in this spectrum will be required to
    protect existing primary licensees, including AMTS licensees and
    licensees in the 218‑219 MHz Service. In addition, any new
    operations in the 216‑220 MHz band are likely to be constrained by
    the need to protect TV channel 13, which occupies the adjacent
    210‑216 MHz band. This protection was one of the factors we
    considered in previously limiting use of the 216-217 MHz band to low
    power applications, such as LPRS and telemetry on a secondary basis.

19. We received a variety of comments regarding use of the 216‑220 MHz
    band. Upon consideration of the comments received and as discussed
    below, we are adopting our proposal to allocate the 216‑220 MHz band
    to the fixed and mobile (except aeronautical mobile) services on a
    co-primary basis. In addition, we are adopting rules to upgrade the
    status of the LPRS from secondary to primary on 216‑217 MHz band. In
    making this allocation, we are retaining the secondary amateur
    service allocation at 219‑220 MHz, the wildlife and ocean tracking
    allocation, as well as the secondary Government allocation. The
    rules adopted herein will continue to require licensees in this band
    to protect the Navy's SPASUR system.

20. As an initial matter, we observe that maintaining the secondary
    allocation in the 216-220 MHz band for wildlife and ocean tracking
    and for Government operations is a departure from our proposal.[^58]
    However, we believe it is in the public interest to provide for the
    continuation of these services in this band. As described above,
    these services support scientific research as well as monitoring of
    critical infrastructure.[^59] In making this decision it is
    important to note that the majority of these operations tend to be
    in rural and unpopulated areas, far from where most licensees
    operate. Because it is unlikely for these existing secondary
    services to operate in proximity to new services, this action will
    allow the continuation of important operations with no impact on the
    ability of new licensees to use this band.

21. With respect to the 217‑220 MHz band, we observe that the allocation
    changes we are adopting herein will not provide any significant
    change to current use of the spectrum. We are eliminating the
    Federal Government\'s unused primary maritime mobile allocation and
    are proceeding with the service plans currently underway. The
    217‑218 MHz and 219‑220 MHz segments are currently used by AMTS
    stations and the Commission has proposed rules to assign the
    remaining AMTS licenses by competitive bidding.[^60] The 218‑219 MHz
    band is currently allocated to the 218‑219 MHz Service, formerly
    known as IVDS.[^61] The Commission established that service in 1992,
    and by 1995 had issued 612 licenses in 306 Metropolitan Statistical
    Areas (MSAs).[^62] We plan to award licenses for the remaining
    service areas in the 218‑219 MHz Service in an upcoming auction.

22. With regard to the 216‑217 MHz band, the LPRS auditory assistance
    and law enforcement applications are currently operating without
    encumbrance from a primary service due to technical limitations from
    adjacent band restrictions. The LPRS is ideally suited for this band
    given the technical limitations and propagation characteristics of
    the spectrum. Because LPRS devices operate with low power, they are
    susceptible to harmful interference from high-powered systems and
    thus not able to share well with many types of radios.[^63] If
    forced to relocate, it is highly unlikely that these consumer
    devices could be cost effectively retuned and instead would have to
    be replaced. Because the LPRS is licensed by rule, all spectrum in
    the 216‑217 MHz band is shared among all users.[^64] Thus, it is not
    possible to have mutually exclusive applications under the current
    service rules.[^65]

23. We note that the elevation of the LPRS to primary status is
    overwhelmingly supported by the comments.[^66] Since its inception,
    this service has proved to be invaluable by allowing persons with
    hearing disabilities to attend and participate in mainstream
    activities at schools, theaters, places of worship, and sporting
    events. Phonic Ear states the properties of this band "... have
    resulted in new products that are cosmetically superior and more
    acceptable to the hard‑of‑hearing community, especially young
    people, than earlier generation products."[^67] Further, the Hearing
    Industries Association (HIA) cites a survey showing that
    approximately one million hearing‑impaired persons currently use
    auditory assistance devices.[^68] This number is expected to grow as
    the American population continues to age. Self Help for Hard of
    Hearing People (SHHH) refers to projections showing that by 2030
    over 21 million Americans over the age 65 will have some hearing
    loss.[^69] In addition, we note that the LPRS may also be used for
    health care related communications for the ill. Clearly, the public
    interest is served by protecting these devices so that persons with
    disabilities or suffering illness can continue to participate and
    contribute to all aspects of our society.

24. Providing a primary allocation for the LPRS in the 216‑217 MHz band
    is also consistent with statutory requirements for providing access
    to facilities and services by persons with disabilities. Most
    notably, the Americans with Disabilities Act (ADA) requires
    businesses to make their public facilities and services accessible
    to persons with disabilities.[^70] In fact, many businesses, such as
    theaters, stadiums, and other public gathering places, have complied
    with the ADA by installing auditory assistance devices in their
    facilities.[^71] In addition, many states have used assistive
    listening devices to comply with the Individuals with Disabilities
    Education Act, which requires that State Government agencies provide
    children with disabilities with a free and appropriate public
    education.[^72] Further, the Technology‑Related Assistance for
    Individuals with Disabilities Act Amendments of 1994 promote the
    development and use of affordable telecommunications devices by
    persons with disabilities in places such as educational settings,
    public gathering places, and health care facilities.[^73] In this
    connection, we note that many of the comments we received were from
    parents of children with hearing disabilities extolling the virtues
    of assistive listening devices. Most of these comments related
    instances of children showing marked improvements in school after a
    hearing disability was diagnosed and the child and classroom teacher
    began using an assistive listening device.[^74]

25. LPRS is also used extensively by law enforcement agencies for law
    enforcement tracking systems (LETS).[^75] These systems, which
    operate on two channels in the 216‑217 MHz band, protect high‑risk
    businesses, such as banks and jewelers, by assisting in the recovery
    of stolen money and property.[^76] Currently, such systems are used
    by local police departments and the Federal Bureau of Investigation
    in 135 cities in the United States and have been instrumental in
    reducing crime rates. Allowing this service to continue to operate
    and providing protection by raising its status to primary along with
    the other LPRS Services will ensure that the valuable services
    provided by these systems remain accessible to the public. Based on
    the above discussion, we are amending the Table of Frequency
    Allocations in Section 2.106 and the LPRS rules in Part 95 to
    provide LPRS stations with primary status. In doing so, we are not
    making any other amendments to the LPRS service rules already in
    place. LPRS stations must continue to operate within the parameters
    of the current rules and protect the reception of television channel
    13 and the Navy's SPASUR system.

26. As a practical matter, we believe that it will likely be difficult
    for secondary telemetry licenses to coordinate with LPRS, which is
    licensed by rule, and authorized to operate ubiquitously without
    prior notice. LPRS operations are primarily in and near urban areas.
    We are sympathetic with the Hearing Industry Association comments
    that LPRS devices could be protected from interference by
    prohibiting non-LPRS operations in major cities.[^77] While it would
    not be equitable to force incumbent operations to relocate, we
    believe that we should no longer accept new applications in order to
    protect LPRS devices. Accordingly, new assignments will no longer be
    permitted for Government and non-Government operations in the
    216-217 MHz band after January 1, 2002.

27. As described above, we are proceeding with our current plans to
    license the remainder of the 217‑220 MHz band by competitive
    bidding.[^78] Thus, we affirm our tentative conclusion in the
    *Notice* that it would be inappropriate to allow new co‑primary
    services in this band.[^79] In doing so, we note that because this
    band is already licensed in many areas, the transfer of the Federal
    Government spectrum will not free up significant additional
    capacity. By this action, we are rejecting the requests of numerous
    parties to this proceeding that asked for various rule amendments to
    the 216‑220 MHz band. We observe that many of the specific requests
    for this band can be accommodated under the fixed and mobile (except
    aeronautical mobile) allocations we are adopting and the rules
    currently in place in the 217‑220 MHz portion of the band or other
    spectrum regulated by the Commission. We address each commenter's
    request below.

28. In 1998, Regionet submitted a Petition for Rule Making, proposing
    that the 216‑217 MHz band be paired with the 218‑219 MHz band for
    use as a response channel and a paging channel, respectively, for a
    two‑way paging system.[^80] In that Petition, Regionet argued that a
    substantial market exists for two‑way paging and that an additional
    allocation will serve this demand.[^81] While we do not dispute
    Regionet's position that a market may exist for two‑way paging, we
    do not believe that an additional allocation is necessary for this
    purpose. First, if Regionet wishes to operate paging systems in the
    216‑220 MHz band, it may do so under the flexible use policies of
    the 218‑219 MHz Service spectrum. Second, we point out that Auction
    #40, Lower and Upper Paging Bands, will be held beginning on October
    30, 2001.[^82] This auction will include 3,150 152‑159 MHz band and
    4,550 454‑460 MHz band licenses suitable for two‑way paging. Thus,
    we conclude, that ample spectrum and opportunity currently exists
    for Regionet and other entities that may be interested in providing
    two‑way Paging Service to the public.

29. In its comments, Mobex Communications, Inc. (Mobex), an operator of
    AMTS stations, asks that we expand the spectrum available for AMTS
    stations to the entire 216‑220 MHz band.[^83] Mobex argues that the
    current rules in Section 80.385(a)(2) state the Commission's
    intention to revisit its decision that suspended the availability of
    the 216‑217 MHz and 218‑219 MHz bands from AMTS.[^84] Mobex further
    states that the additional two megahertz is necessary in order to
    attract capital and manufacturers to the band.[^85] Under its plan,
    Mobex would combine this additional spectrum with the two megahertz
    allocated to AMTS, which will be available in the upcoming AMTS
    auction. Mobex fails to demonstrate that the two megahertz they
    currently have access to is nearing capacity. Thus, we believe that
    allocating additional spectrum for AMTS at this time is unwarranted.
    Further, the plan put forward by Mobex would prohibit new LPRS use
    of the 216‑217 MHz band.[^86] As demonstrated above, such an action
    would be contrary to the public interest, as it would disenfranchise
    large segments of the disabled community.

30. Several commenters request that we set aside spectrum in the
    216‑217 MHz band for real‑time kinematic (RTK) global positioning
    system (GPS) use.[^87] In addition APCO requests spectrum for such
    use anywhere within the 216‑220 MHz band.[^88] Both public safety
    and non‑public safety entities currently conduct such
    operations[^89] on a secondary non‑interference basis in the
    450‑470 MHz band under Part 90 of the Commission's rules.[^90] The
    parties seeking an allocation for RTK GPS use argue that because
    such use is increasing and because operations under Part 90 are
    secondary, it is increasingly difficult to find suitable spectrum on
    which to operate.[^91] They further argue that because Part 90
    segregates public safety users and non‑public safety users into
    distinct frequency pools, *i.e.*, Public Safety and
    Industrial/Business,[^92] neither type of user can take advantage of
    systems operated by the other.[^93] In its comments, Trimble asks
    that RTK GPS be provided 300 kilohertz of spectrum and that RTK GPS
    users be allowed to transmit using power levels equivalent to that
    of Part 90 licensees operating in the 150‑174 MHz band.[^94] It
    contends that operating in the 216‑217 MHz band would not harm LPRS
    users because RTK GPS employs carrier sense multiple access
    (CSMA)[^95] techniques to avoid transmitting on an occupied
    channel.[^96]

31. We are mindful of the difficulties that RTK GPS operators have had
    in using Part 90 frequencies. However, we do not believe that it
    would be appropriate to allow RTK GPS operations in the 216‑217 MHz
    band. First, because such operations are data intensive and tend to
    operate at all hours, we believe that notwithstanding the use of
    CSMA, such operations would preclude the use of co‑channel LPRS
    equipment in the same area. Additionally, because RTK GPS stations
    operating under the power levels requested by Trimble could
    communicate with stations up to 40 kilometers (25 miles) away or
    further, we do not believe that they could sense the low power (100
    milliwatt) transmissions of LPRS stations. Thus, the effectiveness
    of using CSMA would be negated. Further, such power levels could
    interfere with the reception of TV channel 13 service on the lower
    end of the band and with AMTS Service on the upper end. In denying
    the request to provide spectrum in the 216‑220 MHz band for RTK GPS,
    we point out that entities that wish to operate such systems can do
    so under the flexible service rules for AMTS and the 218‑219 MHz
    Service, albeit at power levels below those requested. In addition,
    public safety entities could use some of their spectrum in the
    700 MHz band for this use or entities (either users or
    manufacturers) could obtain spectrum from a band manager for such
    uses.[^97]

32. The Amateur Radio Relay League (ARRL) requests that we expand the
    current secondary Amateur Service allocation at 219‑220 MHz to
    include the entire 216‑220 MHz band.[^98] ARRL submits that
    currently amateurs must coordinate their operations in the
    219‑220 MHz band with nearby AMTS stations before operating.[^99]
    Because it is necessary to protect these critical operations, ARRL
    concedes that amateurs have only been able to make limited use of
    this band. Notwithstanding ARRL's statements that the amateur
    service should remain secondary under any expansion of the
    216‑220 MHz band to which amateurs have access, we do not believe
    such expansion would be appropriate. As noted above, we have adopted
    a geographic area licensing scheme in the 217‑220 MHz band segments,
    which should result in increased and more efficient use of these
    bands. Any increase in use of this spectrum by the Amateur Service
    within a licensee's service area could be detrimental to successful
    operations by the geographic area licensee. Additionally, because
    the existing complex coordination rules would have to be applied to
    the entire band, and such rules have foreclosed much use of the
    219‑220 MHz band by amateurs, we do not foresee much, if any, use of
    an expanded band by the amateur service. We also note, that amateur
    service licensees can operate message forwarding systems similar to
    those allowed in the 219‑220 MHz band in any band in which they have
    privileges.[^100] Accordingly, we are denying ARRL's request to
    extend the amateur service use of the band to the entire 216‑220 MHz
    band. We will continue to make the 219‑220 MHz band available to
    amateurs on a secondary basis. If amateur use of this band
    significantly increases in the future, we may revisit and reevaluate
    this decision.

33. Manufacturers and users of 216‑220 MHz band telemetry equipment
    request that we elevate their operations from secondary to primary
    status.[^101] They state that such action is needed to ensure that
    these operations continue to be viable for the transmission of
    "accurate, uncontaminated data."[^102] Although we agree with
    commenters that telemetry operations play an important role in
    scientific research and testing, we are not inclined to afford
    primary status to such operations in this band. We continue to
    believe that secondary status is adequate. We have no indication
    that their existing secondary status has substantially constrained
    or impeded operations in this band. We note that many of these types
    of telemetry operations are temporary in nature and occur in areas
    with low population densities.[^103] If primary status is necessary,
    operators can obtain primary status, under the fixed and mobile
    (except aeronautical mobile) allocations we adopt herein, either by
    acquiring a license at the auction for the 217‑218 Service or AMTS,
    or by negotiating with a licensee in the desired area.

34. With respect to the 216‑217 MHz band, we note that the Commission
    asked for comment in WT Docket No. 97‑153 on the need to protect
    LPRS operations from telemetry operations in that band.[^104] Based
    on the action taken here to elevate the LPRS allocation in the band
    to primary, no additional action is necessary to protect that
    service. Because LPRS is primary and telemetry remains secondary,
    telemetry operators must not cause interference to LPRS and
    telemetry is not entitled to any protection from LPRS.[^105] This
    regulatory structure should not be problematic for many of the
    telemetry systems in this band because, as stated above, many of
    these operations take place in rural areas, while the majority of
    LPRS operations occur in populated areas.

35. Warren Havens requests that we create an Advanced Technologies
    220 MHz Service encompassing the bands between 216‑225 MHz[^106] and
    Securicor asks that we allocate the 216‑220 MHz band so that it is
    aligned with the 220‑222 MHz band.[^107] We note that, except for
    the portion of these requests that encompasses the 216‑217 MHz band,
    these requests are beyond the scope of this Report and Order and
    will be addressed in the Companion Service Rule Notice. With respect
    to the 216‑217 MHz band, we decline to make changes as requested by
    Warren Havens and Securicor for the reasons indicated above.[^108]

### The 1.4 GHz Bands

36. The 1.4 GHz spectrum encompasses 13 megahertz of spectrum in four
    segments at 1390‑1395 MHz, 1427‑1429 MHz, 1429‑1432 MHz, and
    1432‑1435 MHz. In the *Notice*, we did not make specific allocation
    proposals for these bands, but instead presented several options for
    consideration.

#### Frequency Bands

37. [1390‑1395 MHz Band]{.underline}: The 1390‑1395 MHz band is
    allocated internationally in ITU Region 2 on a primary basis to the
    radiolocation service,[^109] and on a secondary basis to the space
    research[^110] (passive) and Earth exploration‑satellite[^111]
    (passive) services.[^112] Domestically, the 1390-1395 MHz band is a
    Federal Government exclusive band that is allocated to the
    radiolocation service on a primary basis and to the fixed and mobile
    services on a secondary basis.[^113] Federal agencies use this band
    for long‑range air defense radars, military test range telemetry
    links, tactical radio relays, and radio astronomy.[^114] In
    designating this band for transfer to non‑Federal Government use,
    NTIA noted that high powered Federal Aviation Administration (FAA)
    and Department of Defense (DoD) radars would continue to operate in
    the lower adjacent band which could affect the performance of
    non‑Federal Government receivers in the 1390‑1395 MHz band.[^115] In
    addition, NTIA stated that radio astronomy operations would continue
    within this band.[^116] Footnote US311 to the Table of Frequency
    allocations requires that every practicable effort be made to avoid
    the assignment of frequencies in the band in the geographic areas
    where radio astronomy is conducted. As a condition of the
    reallocation, NTIA states that airborne and satellite downlink
    operations need to be prohibited to avoid interference to radio
    astronomy.[^117] NTIA also stated that 17 military radar sites in
    the band will require protection until the year 2009. These
    protection areas, circles with radii of 80 kilometers, are scattered
    around the continental United States and Alaska, and range from
    sparsely populated desert areas to major metropolitan areas such as
    the Washington, D.C.‑Baltimore, MD area.[^118] Finally, we note that
    the 1390‑1395 MHz band was transferred pursuant to OBRA‑93 and is
    not subject to mandatory reimbursement of Federal Government
    incumbent relocation expenses.

38. [1427‑1429 MHz Band]{.underline}: The 1427‑1429 MHz band is
    allocated to the fixed, mobile (except aeronautical mobile), and
    space operation (Earth‑to‑space) services on a co-primary basis
    throughout the world.[^119] Also, in some countries this band is
    used to search for intentional emissions of extraterrestrial
    origin.[^120] Domestically, the 1427‑1429 MHz band is allocated on a
    co-primary basis to Federal Government fixed and mobile (except
    aeronautical mobile) services and to the Federal and non‑Federal
    Government space operation service.[^121] The 1427‑1429 MHz band is
    also allocated on a secondary basis to non‑Federal Government fixed
    and mobile services, limited to telemetering and telecommand
    applications.[^122] The Federal Government uses this band for
    military tactical radio relay communications and military test range
    aeronautical telemetry and telecommand.[^123] NTIA stated that
    airborne operations or space‑to‑Earth communications should be
    avoided in this band to protect sensitive radio astronomy
    observations in the adjacent 1400‑1427 MHz band.[^124] In addition,
    NTIA stated that military airborne operations at 14 sites will
    require protection until the year 2004.[^125] These sites, which
    must be protected within circles with radii ranging from 70‑160
    kilometers, are scattered around the continental United States and
    Alaska, and range from sparsely populated desert areas to major
    metropolitan areas such as the Washington, D.C.‑Baltimore, MD area.
    The non‑Federal Government use of this spectrum is for
    telemetry.[^126] This band was transferred pursuant to OBRA‑93 and
    is not subject to mandatory reimbursement of Federal Government
    incumbent relocation expenses.

39. [1429‑1432 MHz Band]{.underline}: In ITU Region 2, the 1429‑1432 MHz
    band is allocated to the fixed and mobile services on a co-primary
    basis. Also, in some countries this band is used to search for
    intentional emissions of extraterrestrial origin.[^127]
    Domestically, the 1429‑1432 MHz band is allocated to the Federal and
    non‑Federal Government land mobile service on a primary basis for
    WMTS[^128] use. The 1429-1432 MHz band is allocated to the fixed and
    land mobile services on a secondary basis for non‑Federal Government
    use, limited to telemetering and telecommand applications.[^129]
    Federal Government uses of this band are identical to those
    described above for the 1427‑1429 MHz band. Thus, operations in this
    band must also protect military airborne operations at the same 14
    sites as for the 1427‑1429 MHz band. This band was transferred
    pursuant to OBRA‑93 and is not subject to mandatory reimbursement of
    Federal Government incumbent relocation expenses.

40. [1432‑1435 MHz Band]{.underline}: In ITU Region 2, the 1432-1435 MHz
    band is allocated to the fixed and mobile services on a co-primary
    basis. Also, in some countries this band is used to search for
    intentional emissions of extraterrestrial origin.[^130]
    Domestically, the 1432‑1435 MHz band is allocated to the fixed and
    mobile services on a primary basis for Federal Government use. The
    1432‑1435 MHz band is allocated to the fixed and land mobile
    services on a secondary basis for non‑Federal Government use,
    limited to telemetering and telecommand applications.[^131] This
    band is also used for the passive search for signals of
    extraterrestrial origin.[^132] This band is used by the military for
    tactical radio relay communications, military test range
    aeronautical telemetry and telecommand, and various types of guided
    weapon systems.[^133] NTIA stated that military airborne operations
    and their associated airspace will need to be protected at 23 sites
    indefinitely. These protection areas, circles with radii ranging
    from 3 kilometers to 160 kilometers, are scattered around the
    continental United States and Alaska, and range from sparsely
    populated desert areas to major metropolitan areas such as the
    Washington, D.C.‑Baltimore, MD area.[^134] This band was transferred
    to non‑Federal Government use pursuant to BBA‑97, and therefore
    licenses must be assigned in accordance with Section 309(j) of the
    Communications Act. In addition, new licensees must compensate
    Federal Government entities in advance for marginal costs incurred
    in relocating their facilities from the band.[^135]

#### Band Plan

41. The band plan options that we proposed in the *Notice* are
    summarized in Table 1, below.[^136]

+-----+----------+---+--------+--------------+---+----------+-----------+
| *   |          |   |        |              |   |          |           |
| *Ta |          |   |        |              |   |          |           |
| ble |          |   |        |              |   |          |           |
| 1:  |          |   |        |              |   |          |           |
| S   |          |   |        |              |   |          |           |
| umm |          |   |        |              |   |          |           |
| ary |          |   |        |              |   |          |           |
| of  |          |   |        |              |   |          |           |
| 1   |          |   |        |              |   |          |           |
| .4  |          |   |        |              |   |          |           |
| GHz |          |   |        |              |   |          |           |
| B   |          |   |        |              |   |          |           |
| and |          |   |        |              |   |          |           |
| P   |          |   |        |              |   |          |           |
| lan |          |   |        |              |   |          |           |
| Opt |          |   |        |              |   |          |           |
| ion |          |   |        |              |   |          |           |
| s** |          |   |        |              |   |          |           |
+=====+==========+===+========+==============+===+==========+===========+
| B   | 1390‑    | 1 |        | 1            | 1 |          | 1432      |
| and | 1392 MHz | 3 |        | 427‑1429 MHz | 4 |          | ‑1435 MHz |
|     |          | 9 |        |              | 2 |          |           |
|     |          | 2 |        |              | 9 |          | Assign    |
|     |          | ‑ |        |              | ‑ |          | Pursuant  |
|     |          | 1 |        |              | 1 |          | to 309(j) |
|     |          | 3 |        |              | 4 |          |           |
|     |          | 9 |        |              | 3 |          | Subject   |
|     |          | 5 |        |              | 2 |          | to        |
|     |          |   |        |              |   |          | NDAA‑99   |
|     |          | M |        |              | M |          |           |
|     |          | H |        |              | H |          |           |
|     |          | z |        |              | z |          |           |
+-----+----------+---+--------+--------------+---+----------+-----------+
| C   | Federal  |   |        | Federal      | F |          | Federal   |
| urr | Gov      |   |        | Government:  | e |          | Go        |
| ent | ernment: |   |        |              | d |          | vernment: |
|     |          |   |        | SPACE        | e |          |           |
| Al  | RADIO    |   |        | OPERATION    | r |          | FIXED     |
| loc | LOCATION |   |        | (uplink)     | a |          |           |
| ati |          |   |        |              | l |          | MOBILE    |
| ons | Fixed    |   |        | FIXED        | G |          |           |
|     |          |   |        |              | o |          |           |
|     | Mobile   |   |        | MOBILE       | v |          |           |
|     |          |   |        | (except      | e |          |           |
|     |          |   |        | aeronautical | r |          |           |
|     |          |   |        |              | n |          |           |
|     |          |   |        | Mobile)      | m |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | n |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | : |          |           |
|     |          |   |        |              |   |          |           |
|     |          |   |        |              | L |          |           |
|     |          |   |        |              | A |          |           |
|     |          |   |        |              | N |          |           |
|     |          |   |        |              | D |          |           |
|     |          |   |        |              | M |          |           |
|     |          |   |        |              | O |          |           |
|     |          |   |        |              | B |          |           |
|     |          |   |        |              | I |          |           |
|     |          |   |        |              | L |          |           |
|     |          |   |        |              | E |          |           |
|     |          |   |        |              | ( |          |           |
|     |          |   |        |              | W |          |           |
|     |          |   |        |              | M |          |           |
|     |          |   |        |              | T |          |           |
|     |          |   |        |              | S |          |           |
|     |          |   |        |              | ) |          |           |
+-----+----------+---+--------+--------------+---+----------+-----------+
|     |          |   |        | non‑Federal  | n |          | no        |
|     |          |   |        | Gov\'t:      | o |          | n‑Federal |
|     |          |   |        |              | n |          | Gov\'t:   |
|     |          |   |        | SPACE        | ‑ |          |           |
|     |          |   |        | OPERATION    | F |          | Fixed     |
|     |          |   |        | (uplink)     | e |          | (t        |
|     |          |   |        |              | d |          | elemetry) |
|     |          |   |        | Fixed        | e |          |           |
|     |          |   |        | (telemetry)  | r |          | Land      |
|     |          |   |        |              | a |          | mobile    |
|     |          |   |        | Land mobile  | l |          | (         |
|     |          |   |        | (telemetry & | G |          | telemetry |
|     |          |   |        |              | o |          |           |
|     |          |   |        | Telecommand) | v |          | &         |
|     |          |   |        |              | \ |          | tel       |
|     |          |   |        |              | ' |          | ecommand) |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | : |          |           |
|     |          |   |        |              |   |          |           |
|     |          |   |        |              | L |          |           |
|     |          |   |        |              | A |          |           |
|     |          |   |        |              | N |          |           |
|     |          |   |        |              | D |          |           |
|     |          |   |        |              | M |          |           |
|     |          |   |        |              | O |          |           |
|     |          |   |        |              | B |          |           |
|     |          |   |        |              | I |          |           |
|     |          |   |        |              | L |          |           |
|     |          |   |        |              | E |          |           |
|     |          |   |        |              | ( |          |           |
|     |          |   |        |              | W |          |           |
|     |          |   |        |              | M |          |           |
|     |          |   |        |              | T |          |           |
|     |          |   |        |              | S |          |           |
|     |          |   |        |              | ) |          |           |
|     |          |   |        |              |   |          |           |
|     |          |   |        |              | F |          |           |
|     |          |   |        |              | i |          |           |
|     |          |   |        |              | x |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | d |          |           |
|     |          |   |        |              | ( |          |           |
|     |          |   |        |              | n |          |           |
|     |          |   |        |              | o |          |           |
|     |          |   |        |              | n |          |           |
|     |          |   |        |              | - |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | d |          |           |
|     |          |   |        |              | . |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | l |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | r |          |           |
|     |          |   |        |              | y |          |           |
|     |          |   |        |              | ) |          |           |
|     |          |   |        |              |   |          |           |
|     |          |   |        |              | L |          |           |
|     |          |   |        |              | a |          |           |
|     |          |   |        |              | n |          |           |
|     |          |   |        |              | d |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | o |          |           |
|     |          |   |        |              | b |          |           |
|     |          |   |        |              | i |          |           |
|     |          |   |        |              | l |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | ( |          |           |
|     |          |   |        |              | n |          |           |
|     |          |   |        |              | o |          |           |
|     |          |   |        |              | n |          |           |
|     |          |   |        |              | - |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | d |          |           |
|     |          |   |        |              | i |          |           |
|     |          |   |        |              | c |          |           |
|     |          |   |        |              | a |          |           |
|     |          |   |        |              | l |          |           |
|     |          |   |        |              |   |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | l |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | r |          |           |
|     |          |   |        |              | y |          |           |
|     |          |   |        |              | & |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | l |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | c |          |           |
|     |          |   |        |              | o |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | a |          |           |
|     |          |   |        |              | n |          |           |
|     |          |   |        |              | d |          |           |
|     |          |   |        |              | ) |          |           |
+-----+----------+---+--------+--------------+---+----------+-----------+
| Opt | FIXED &  |   | FIXED  | FIXED &      | U |          | FIXED &   |
| ion | MOBILE   |   | &      | MOBILE for   | p |          | MOBILE    |
| 1   | (except  |   | MOBILE | PMRS use and | g |          | for PMRS  |
|     | aero     |   | (      | pair with    | r |          | use and   |
|     | nautical |   | except | 1            | a |          | pair with |
|     | mobile)  |   | aerona | 390‑1392 MHz | d |          | 1392      |
|     | for PMRS |   | utical | (site        | e |          | ‑1395 MHz |
|     | use and  |   | m      | license)     | n |          |           |
|     | pair     |   | obile) |              | o |          | (band     |
|     | with     |   | for    |              | n |          | manager)  |
|     | 1427-    |   | PMRS   |              | - |          |           |
|     | 1429 MHz |   | use    |              | m |          |           |
|     | (site    |   | and    |              | e |          |           |
|     | license) |   | pair   |              | d |          |           |
|     |          |   | with   |              | i |          |           |
|     |          |   | 1      |              | c |          |           |
|     |          |   | 432‑14 |              | a |          |           |
|     |          |   | 35 MHz |              | l |          |           |
|     |          |   | (band  |              | t |          |           |
|     |          |   | ma     |              | e |          |           |
|     |          |   | nager) |              | l |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | e |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | r |          |           |
|     |          |   |        |              | y |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | o |          |           |
|     |          |   |        |              | c |          |           |
|     |          |   |        |              | o |          |           |
|     |          |   |        |              | ‑ |          |           |
|     |          |   |        |              | p |          |           |
|     |          |   |        |              | r |          |           |
|     |          |   |        |              | i |          |           |
|     |          |   |        |              | m |          |           |
|     |          |   |        |              | a |          |           |
|     |          |   |        |              | r |          |           |
|     |          |   |        |              | y |          |           |
|     |          |   |        |              | s |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | a |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | u |          |           |
|     |          |   |        |              | s |          |           |
|     |          |   |        |              | w |          |           |
|     |          |   |        |              | i |          |           |
|     |          |   |        |              | t |          |           |
|     |          |   |        |              | h |          |           |
|     |          |   |        |              | W |          |           |
|     |          |   |        |              | M |          |           |
|     |          |   |        |              | T |          |           |
|     |          |   |        |              | S |          |           |
+-----+----------+---+--------+--------------+---+----------+-----------+
| Opt | FIXED &  |   |        | Upgrade      |   |          |           |
| ion | MOBILE   |   |        | telemetry to |   |          |           |
| 2   | (except  |   |        | primary      |   |          |           |
|     | aero     |   |        | status       |   |          |           |
|     | nautical |   |        |              |   |          |           |
|     | mobile)  |   |        |              |   |          |           |
|     | for      |   |        |              |   |          |           |
|     | unpaired |   |        |              |   |          |           |
|     | op       |   |        |              |   |          |           |
|     | erations |   |        |              |   |          |           |
+-----+----------+---+--------+--------------+---+----------+-----------+
|     |          |   |        |              |   |          |           |
+-----+----------+---+--------+--------------+---+----------+-----------+
| Opt | Allocate |   |        | 14           |   | Allocate |           |
| ion | to FIXED |   |        | 27‑1430 MHz: |   | 1        |           |
| 3   | & MOBILE |   |        | Shift WMTS   |   | 430‑1432 |           |
|     | (except  |   |        | down in      |   |          |           |
|     | aero     |   |        | frequency    |   | MHz to   |           |
|     | nautical |   |        | and upgrade  |   | FIXED &  |           |
|     | mobile)  |   |        | non-medical  |   | MOBILE   |           |
|     | for PMRS |   |        | telemetry to |   | for PMRS |           |
|     | use and  |   |        | primary      |   | use and  |           |
|     | to MSS   |   |        | status so    |   | to MSS   |           |
|     | (feeder  |   |        | that both    |   | (feeder  |           |
|     | uplinks) |   |        | medical and  |   | do       |           |
|     | on a     |   |        | n            |   | wnlinks) |           |
|     |          |   |        | on-telemetry |   |          |           |
|     | co       |   |        | telemetry    |   | on a     |           |
|     | -primary |   |        | operates on  |   | co       |           |
|     | basis    |   |        | a co‑primary |   | -primary |           |
|     |          |   |        | basis in     |   | basis    |           |
|     |          |   |        | this band    |   |          |           |
+-----+----------+---+--------+--------------+---+----------+-----------+

42. We received a wide range of comments based on the options presented.
    In general, land mobile interests, such as LMCC, support Option
    1,[^137] utility companies support Option 2,[^138] and satellite
    interests support Option 3.[^139] Many commenters offered
    suggestions for modifications to the options presented.

43. LMCC, in its comments, asks that we adopt Option 1, which would
    establish a Land Mobile Communications Service (LMCS), in accordance
    with the plan to establish a new 10 MHz LMCS as described in the
    *Spectrum Policy Statement*.[^140] LMCC has submitted two Petitions
    for Rule Making seeking additional spectrum for private land mobile
    radio (PLMR) entities, claiming that additional allocations would
    relieve congestion in existing PLMR bands and provide opportunities
    for spectrum efficient technologies.[^141] LMCC notes that under
    Option 1, the 1392‑1395 MHz and 1432‑1435 MHz bands would be
    licensed to any interested party and urges that we instead assign
    licenses in this segment of the 1.4 GHz band to band managers. LMCC
    argues that band managers would help ensure that spectrum is used by
    PLMR users who generally do not have the resources to compete with
    Commercial Mobile Radio Service (CMRS) providers in an
    auction.[^142] Finally, a number of commenters representing the
    private radio community support LMCC's position.[^143]

44. The United Telecom Council and the American Public Power Association
    (UTC/APPA), in joint comments, support Option 2. They argue that
    this option would allow utilities to increase productivity and
    efficiency and to establish a direct link to customer premises
    utility meters.[^144] Additionally, UTC/APPA claim that Option 2
    would promote competition in a deregulated environment.[^145] Bay
    State Gas recommends that the we adopt Option 2 because it would
    serve the public interest in providing a "home" for automatic meter
    reading and protect the substantial investment made in such
    equipment by utilities and other critical infrastructure
    companies.[^146] These parties also assert that allocating the
    1427‑1432 MHz band for telemetry operations would harmonize spectrum
    use with Canada, thereby simplifying cross‑border coordination and
    affording U.S. manufacturers and service providers a wider market
    opportunity.[^147]

45. The American Hospital Association (AHA) and Itron ask that we adopt
    a modified version of option 2 that would allocate the entire
    1427‑1432 MHz band on a primary basis to the WMTS and to utility
    telemetry services.[^148] To support its claims that utility
    telemetry is well suited to this band, Itron states that, for over
    seven years, this service has co‑existed in this band with Federal
    Government users and the adjacent radio astronomy operations.[^149]
    Also, Itron states that because utility telemetry operates at low
    power levels, it is well suited to share spectrum with WMTS
    systems.[^150] AHA argues that WMTS and utility telemetry cannot
    co‑exist in three megahertz of spectrum as Option 2 would
    provide[^151] because WMTS needs at least 3 megahertz of spectrum in
    the 1427‑1432 MHz band.[^152] In concert with Itron, AHA points out
    that WMTS is not compatible with co‑channel higher power utility
    telemetry, and only through the sharing arrangement that they have
    worked out can these uses be accommodated.[^153] This sharing plan
    would essentially provide utility telemetry with use of the
    1429.5‑1432 MHz band and WMTS with use of the 1427‑1429.5 MHz band,
    except that in certain areas where utility telemetry systems are
    already operating in the 1427‑1429 MHz band, the spectrum would be
    divided up somewhat differently. Also, the AHA/Itron plan specifies
    power and field strength levels to control interference.[^154] Both
    AHA and Itron subsequently filed additional information clarifying
    their original proposal to specifically state that WMTS and utility
    telemetry could not share spectrum on a co-primary basis in the same
    specific geographic location.[^155]

46. Option 3, which would provide feeder link spectrum for Little LEOs
    (1390‑1392 MHz for feeder uplinks and 1430-1432 MHz for feeder
    downlinks), was supported by satellite interests. The Satellite
    Industry Association (SIA) along with Final Analysis Communications
    Services, Inc. and Orbital Communications Corporation (Joint
    Satellite Commenters) state that this option is the only one that
    would ensure efficient use of the spectrum for all users, in that it
    would accommodate the WMTS, utility telemetry, and the LMCS.[^156]
    The Joint Satellite Commenters state that they could accept a
    compromise allocation of four megahertz rather than the six
    megahertz they are seeking worldwide.[^157] This spectrum, they
    claim, is needed to avoid decreasing service capacity by operating
    feeder links in the same spectrum used for service links. These
    commenters submit that they can protect radio astronomy operations
    in the adjacent band by using efficient modulation techniques.[^158]
    Also, they indicate that international studies, which have shown
    that operations adjacent to radio astronomy are feasible, have
    assumed Little LEO feeder links operating in the 1429‑1432 MHz band,
    not the 1430‑1432 MHz band which provides an additional megahertz of
    separation.[^159] The Joint Satellite Commenters also state that
    they can share spectrum with PLMRS because they only need a small
    number of earth stations that will likely be located in remote areas
    away from the vast majority of land mobile operations and these
    stations will operate within very low power flux density (PFD)
    limits on the ground.[^160] Finally, we have received two Petitions
    for Reconsideration from parties representing satellite industry
    interests of our allocation decision in ET Docket No. 99‑255 to
    place the WMTS in the 1429‑1432 MHz band. These petitions generally
    make the same arguments for reconsidering that decision and
    reallocating that spectrum for Little LEO feeder links as the Joint
    Satellite Commenters make in their comments.[^161]

47. The Joint Satellite Commenters oppose options 1 and 2 because these
    options do not provide spectrum for Little LEO feeder links.[^162]
    Land mobile interests oppose options 2 and 3. They claim that Option
    2, by allocating the 1427‑1432 MHz band for telemetry and WMTS,
    would leave the 1390‑1392 MHz band unpaired with little
    usefulness.[^163] In opposition to Option 3, LMCC states that it
    does not believe that sharing is possible between land mobile
    services and Little LEO feeder links.[^164] Likewise, utility
    companies and the AHA assert that they cannot share the same
    spectrum with Little LEO feeder links.[^165] As detailed above, the
    satellite interests dispute this claim.[^166] The National Academy
    of Sciences through the National Research Council's Committee on
    Radio Frequencies (CORF) is also opposed to Option 3.[^167] CORF
    states that it is premature to judge the outcome of the current ITU
    sharing studies which are looking at the feasibility of allowing
    Little LEO downlinks in the 1429‑1432 MHz band.[^168] In addition,
    CORF states that uplinks should be prohibited above 1392 MHz in
    order to protect passive sensor operations in the 1400‑1427 MHz
    band, which use ultra‑sensitive receivers and high‑gain
    antennas.[^169]

48. Upon consideration of the various options and the comments, we
    believe that it is possible to craft a spectrum allocation plan that
    satisfies the needs of each of the user groups interested in the
    1.4 GHz spectrum. While our spectrum plan does not meet the full
    request of any one user, it does provide some spectrum for all
    parties in a way that we believe allows each party to mutually
    coexist and provide services with minimal potential for harmful
    interference. We also note that new licensees in these bands must
    protect incumbent Federal Government licensees as specified
    above.[^170] The allocation plan being adopted for the 1.4 GHz
    spectrum is shown in the table below:

+-------------+---------------+-----------+---+----------+--------------+
| **Table 2:  |               |           |   |          |              |
| 1.4 GHz     |               |           |   |          |              |
| Band Plan** |               |           |   |          |              |
+-------------+---------------+-----------+---+----------+--------------+
| 13          | 1392‑1395 MHz | 1427‑1    | 1 |          | 1            |
| 90‑1392 MHz |               | 429.5 MHz | 4 |          | 432‑1435 MHz |
|             |               |           | 2 |          |              |
|             |               |           | 9 |          |              |
|             |               |           | . |          |              |
|             |               |           | 5 |          |              |
|             |               |           | ‑ |          |              |
|             |               |           | 1 |          |              |
|             |               |           | 4 |          |              |
|             |               |           | 3 |          |              |
|             |               |           | 2 |          |              |
|             |               |           |   |          |              |
|             |               |           | M |          |              |
|             |               |           | H |          |              |
|             |               |           | z |          |              |
+-------------+---------------+-----------+---+----------+--------------+
| MOBILE      | MOBILE        | LAND      | F |          | MOBILE       |
| (except     | (except       | MOBILE    | I |          | (except      |
| a           | aero-nautical | (WMTS)    | X |          | a            |
| eronautical | mobile);      |           | E |          | ero-nautical |
| mobile);    | paired with   | Fixed &   | D |          | mobile);     |
|             | 1432‑1435 MHz | land      | & |          | paired with  |
| unpaired    |               | mobile    | L |          | 1            |
| operations  | FIXED         | (no       | A |          | 392‑1395 MHz |
|             |               | n-medical | N |          |              |
| FIXED       |               | t         | D |          | FIXED        |
|             |               | elemetry) | M |          |              |
| NGSO MSS    |               |           | O |          |              |
| FEEDER      |               |           | B |          |              |
| UPLINKS     |               |           | I |          |              |
|             |               |           | L |          |              |
| (           |               |           | E |          |              |
| conditioned |               |           | ( |          |              |
| on          |               |           | t |          |              |
| in          |               |           | e |          |              |
| ternational |               |           | l |          |              |
| allocation) |               |           | e |          |              |
|             |               |           | m |          |              |
|             |               |           | e |          |              |
|             |               |           | t |          |              |
|             |               |           | r |          |              |
|             |               |           | y |          |              |
|             |               |           | ) |          |              |
+-------------+---------------+-----------+---+----------+--------------+
|             |               |           |   | 1430-    |              |
|             |               |           |   | 1432 MHz |              |
|             |               |           |   |          |              |
|             |               |           |   | NGSO MSS |              |
|             |               |           |   | FEEDER   |              |
|             |               |           |   | D        |              |
|             |               |           |   | OWNLINKS |              |
|             |               |           |   |          |              |
|             |               |           |   | (con     |              |
|             |               |           |   | ditioned |              |
|             |               |           |   | on       |              |
|             |               |           |   | inter    |              |
|             |               |           |   | national |              |
|             |               |           |   | all      |              |
|             |               |           |   | ocation) |              |
+-------------+---------------+-----------+---+----------+--------------+

49. As shown in Table 2, we are providing six megahertz of spectrum for
    fixed and mobile (except aeronautical mobile) uses by pairing the
    1392‑1395 MHz band with the 1432‑1435 MHz band. This spectrum
    pairing was consistent throughout each of our options and was not
    disputed by any party. As noted above, aeronautical mobile use will
    be prohibited in the 1392-1395 MHz band to protect radio astronomy
    operations in the 1390-1400 MHz band.[^171] Thus, we will also
    prohibit aeronautical mobile use in the paired 1432-1435 MHz band.
    Further, Because the 1432‑1435 MHz band was transferred to
    non‑Federal Government use pursuant to BBA‑97, licenses must be
    assigned in accordance with Section 309(j) of the Communications
    Act. In addition, new licensees must compensate Federal Government
    entities for marginal costs incurred in relocating their facilities
    from the band.[^172] While the specific service and licensing rules
    for these bands will be the subject of the companion Service Rule
    Notice, we observe that this spectrum may be well suited for
    licensing to band managers. Band managers could make spectrum
    available to PLMRS entities that are experiencing congestion in
    other bands. We are limiting this allocation to land mobile use
    rather than a general mobile allocation to protect sensitive
    adjacent channel operations such as radio astronomy.

50. We are making an additional two megahertz of unpaired spectrum
    available for a flexible fixed, mobile (except aeronautical mobile),
    and MSS (uplink) allocation in the 1390‑1392 MHz band. Because
    airborne operations would be incompatible with co‑channel satellite
    uplinks and sensitive radio astronomy operations that occur in‑band
    and in the adjacent bands, we are prohibiting aeronautical mobile
    use.

51. This allocation makes a total of eight megahertz of spectrum
    potentially available to the mobile (except aeronautical mobile)
    service. Although this is less than the ten megahertz LMCC sought in
    its petition for rule making and its comments, we believe that this
    provides sufficient spectrum to relieve much of the crowding in
    existing land mobile bands. Further, by making some unpaired
    spectrum available, we hope to encourage innovative technologies,
    such as time division duplex (TDD), to locate in this band. Also,
    this unpaired spectrum is well suited to services that traditionally
    operate one‑way communications services, such as paging and
    telemetry systems.[^173]

52. The flexible allocation in the 1390‑1392 MHz band also allows this
    spectrum to be used for satellite feeder uplinks by Little LEOs.
    This allocation is consistent with the views expressed by (CORF)
    proposing to limit uplink transmissions to spectrum below
    1392 MHz.[^174] However, the allocation will be contingent on
    completion of ongoing studies and an international allocation for
    such feeder links through the international process.[^175] To codify
    this allocation, we will add a new footnote, US368, to the Table of
    Frequency Allocations in Section 2.106 of the Commission's rules.

53. An issue of concern from the land mobile industry has been the
    ability of satellite systems to successfully share spectrum with
    land mobile stations. Because spectrum in the 1390‑1392 MHz band
    would be used for feeder uplinks, we believe that such sharing can
    be accomplished while still minimizing the potential for harmful
    interference between satellite earth stations and land mobile
    stations. As pointed out by the Joint Satellite Commenters,
    licensees using this band for feeder uplinks only need a few earth
    stations that can be located in areas where land mobile use is least
    likely to occur. Thus, through geographic separation, land mobile
    and satellite earth stations will be able to co‑exist in this
    band.[^176] Satellite and land mobile licensees will have to
    coordinate their operations to ensure sufficient separation distance
    and/or shielding between stations.

54. In the remaining five megahertz (1427‑1432 MHz), we are allocating
    the 1427‑1429 MHz band to the land mobile service on primary basis
    and maintaining the current land mobile primary allocation in the
    1429‑1432 MHz band. Under this allocation, the 1427‑1429.5 MHz
    segment will be limited to WMTS and the 1429.5‑1432 MHz segment will
    be limited to telemetry. In addition, the 1429.5‑1432 MHz segment is
    being allocated for fixed service on a co‑primary basis also limited
    to telemetry operations. Further, we are conditionally permitting
    Little LEO feeder downlinks to share the 1430‑1432 MHz band with
    telemetry on a co‑primary basis. This allocation decision shifts
    WMTS down in frequency from its current allocation at 1429‑1432 MHz
    and elevates telemetry operations to primary status in the
    1429.5‑1432 MHz segment. Non‑medical telemetry will continue to
    operate with secondary status in the 1427‑1429.5 MHz segment.
    Finally, we are removing the space operation (Earth‑to‑space)
    allocation from the 1427‑1429 MHz band, as that allocation is
    incompatible with the allocation decisions we make above. WMTS will
    continue to be licensed by rule in the modified allocation.[^177]
    Under this licensing scheme, WMTS licensees share spectrum with each
    other and applications are not mutually exclusive. Thus assignments
    are not subject to competitive bidding pursuant to Section 309(j) of
    the Communications Act.[^178]

55. Our allocation of the 1430‑1432 MHz segment for Little LEO feeder
    downlinks, similar to the allocation for uplinks in the
    1390‑1392 MHz band, is contingent on completion of ongoing studies
    and adoption of an international allocation for this spectrum. All
    sharing studies must be completed and show that satellite downlink
    sharing is feasible with operations in the 1400‑1427 MHz band before
    such an international allocation is adopted and our domestic
    allocation is finalized. We note that the sharing studies currently
    underway contemplate a satellite allocation in the 1429‑1432 MHz
    band, but we have limited this allocation to the 1430‑1432 MHz band
    which will provide an additional megahertz of guard band between the
    downlinks and the EESS and RAS Services. Once such an allocation is
    finalized, Little LEO operators may seek adoption of service rules,
    and issuance of necessary authorizations under Part 25 of our rules
    for feeder links subject to coordination with telemetry operations
    in the same spectrum.

56. We do not believe that the addition of Little LEO feeder downlinks
    in this band will preclude the use of the band by telemetry systems
    due to the low PFD levels of the satellite signals relative to the
    power levels of telemetry systems.[^179] We are confident that such
    limits will not preclude satellite earth stations in this band.
    However, these earth stations may have to locate in rural areas and
    use large, high gain antennas to ensure reception of the satellite
    signals. Because we anticipate that telemetry operations will be
    concentrated largely in urban areas, sharing can be readily
    accomplished.

57. Our decision to shift the WMTS allocation down to 1427-1429.5 MHz is
    consistent with the position of AHA, which in a recent *ex parte*
    filing indicated that it needed at least 2.5 megahertz under a
    primary allocation in the 1.4 MHz spectrum, preferably at
    1427‑1429.5 MHz.[^180] AHA indicates that at 1427-1429.5 MHz, WMTS
    would be adjacent to radio astronomy instead of potentially high
    powered land mobile operators and thus would not require a guard
    band making spectrum use more efficient. AHA also requests that
    adjacent band telemetry services operating in 1429.5-1432 MHz be
    limited to fixed utility telemetry operations in order to minimize
    the impact on WMTS operations. We note that there are currently
    telemetry operations that are not fixed or limited to utility
    telemetry, which would have to be relocated to implement AHA's
    request.[^181] We did not seek comment on relocating incumbents in
    this band and such action would need to be addressed in the
    companion service rule proceeding. We do, however, note that medical
    telemetry system operators can also use the 608‑614 MHz and
    1395‑1400 MHz bands to obtain additional capacity for their systems.

58. We are deferring consideration of the proposed AHA/Itron band swap.
    AHA and Itron's proposal contemplated carving out 7 geographic areas
    in the Medical Telemetry band for utility telemetry and then
    compensating Medical telemetry with corresponding spectrum in the
    telemetry band to our companion service rule proceeding. These 7
    sites represent areas where Itron has built out existing facilities
    under the current secondary telemetry allocation. We believe that
    spectrum allocations in general should be kept as flexible as
    possible and that issues such as eligibility or unique
    requirements/restrictions should be addressed in service rules.

59. In making these allocation decisions in the 1.4 GHz spectrum, we
    deny the Petitions for Reconsideration filed by Little LEO entities
    in ET Docket No. 99-255. However, we note that substantively, this
    proceeding is providing a substantial portion of what the
    petitioners have indicated they needed to operate. The Petitions
    asked that we allocate the 1429-1432 MHz band for Little LEO feeder
    links and eliminate the WMTS allocation in this band. As described
    above, we believe that there is substantial public interest in
    maintaining an allocation for WMTS and are shifting the allocation
    to 1427-1429.5 MHz. We are elevating telemetry to primary in the
    1429.5-1432 MHz portion of the band and believe that such systems
    can share this spectrum with Little LEO systems. Accordingly, we
    have provided a mechanism by which Little LEOs can obtain an
    allocation in the 1430-1432 MHz band. While the Petitions for
    Reconsideration seeking an exclusive allocation of three megahertz
    of spectrum at 1427-1432 MHz for Little LEOs are denied, we are
    providing 2 MHz of spectrum in the requested frequency range for
    Little LEOs conditioned on adoption of an international allocation
    for this spectrum.

60. We believe that the allocation plan for use of the 1.4 GHz spectrum
    set forth above provides a reasonable compromise solution that will
    best accommodate the needs of all parties interested in this band.
    Through careful planning and coordination, these parties will be
    able to share spectrum and satisfy their communications needs, while
    maximizing the efficient use of scare spectrum resources.

### 1670‑1675 MHz Band

61. In ITU Region 2, the 1670‑1675 MHz band is allocated to the fixed,
    mobile, meteorological‑satellite (space‑to‑Earth) (METSAT
    downlinks), and meteorological aids[^182] services on a co-primary
    basis.[^183] Also, in some countries this band is used to search for
    intentional emissions of extraterrestrial origin.[^184]
    Domestically, the band is allocated on a primary basis to Federal
    and non‑Federal Government meteorological aids service and for
    METSAT downlinks.[^185] This band is also used to passively search
    for signals of extraterrestrial origin.[^186] Because the lower
    adjacent band is used for radio astronomy, applicants for airborne
    or space station assignments are urged to take all practical steps
    to protect those operations.[^187] Currently the band is also used
    for weather satellites and radiosondes.[^188] The band contains
    downlinks for three earth stations that operate as part of the
    Geostationary Operational Environmental Satellite System (GOES) by
    the National Environmental Satellite, Data and Information Service
    (NESDIS). These satellites, which provide much of the satellite
    imagery used in newscasts, are controlled from earth stations at
    Wallop's Island, Virginia, Greenbelt, Maryland, and Fairbanks,
    Alaska. NTIA stated that the stations at Wallop's Island and
    Fairbanks will need protection indefinitely.[^189] NTIA has since
    informed the Commission that protection of the site at Greenbelt is
    also required.[^190] The 1670‑1675 MHz band was transferred to
    non‑Federal Government use pursuant to OBRA‑93, and therefore new
    entrants in the band will not be required to reimburse Federal
    Government incumbents for relocation.

62. Several entities expressed interest in the 1670‑1675 MHz band.
    AeroAstro would like to use the band for mobile terminals as part of
    a Satellite Enabled Notification System (SENS) it is
    developing.[^191] SENS would enable users to transmit short data
    messages anywhere worldwide for receipt via the Internet. The system
    would consist of mobile ground terminals, small low‑cost space
    stations, and fixed earth stations. MicroTrax requests that we
    establish a Personal Location and Monitoring Service (PLMS) in this
    band.[^192] This system would enable the tracking of people and
    objects.[^193] ArrayComm comments that it would like to implement
    its i‑BURST technology in this band.[^194] ArrayComm states that
    i‑BURST would combine time division duplex (TDD) technology and
    smart antennas to deliver high‑speed packet data at reasonable
    prices.[^195]

63. In the *Notice*, we proposed to allocate the 1670‑1675 MHz band to
    the fixed and mobile (except aeronautical mobile) services and to
    adopt rules that would make the band usable for a number of
    potential services.[^196] We specifically noted that five megahertz
    of unpaired spectrum could be useful for service providers
    interested in deploying TDD equipment.[^197]

64. We believe that a number of technologies, including the three
    described above, are well suited to this band. Therefore, in keeping
    with our policy of providing flexibility where possible and
    appropriate so that potential licensees can determine and offer the
    services that are valued most highly, we are adopting our proposal
    to provide a flexible allocation in this band for fixed and mobile
    (except aeronautical mobile) services. Aeronautical mobile use will
    be prohibited in order that operations in the 1670‑1675 MHz band
    protect the sensitive radio astronomy receivers in the lower
    adjacent band. Further, the GOES receive earth stations located at
    Wallop's Island, Fairbanks and Greenbelt will have co‑primary status
    with non‑Federal Government operations in the band. In the *Notice*,
    we asked for comment regarding appropriate technical rules for this
    band, especially as it relates to power limits and out‑of‑band
    emissions necessary to protect radio astronomy operations in the
    lower adjacent band.[^198] Specific service and licensing rules will
    be discussed in the companion Service Rule Notice.

65. To protect the Federal Government earth stations located at Wallops
    Island and Fairbanks that will be co‑primary in the band, we will
    require that licensees planning to operate within 100 kilometers
    (62.1 miles) of the earth stations at these facilities coordinate
    such use with the affected earth station prior to construction. This
    requirement will be added to footnote US362.[^199] In addition, we
    will require licensees planning to operate in the vicinity of the
    earth station located at Greenbelt to coordinate such use prior to
    construction. This requirement is consistent with the *First
    Spectrum Reallocation Report* in which NTIA recommended that, in the
    absence of coordination guidelines for METSATs, coordination of all
    ground stations is necessary.[^200] Because the Greenbelt facility
    is used as a back-up for Wallops Island it operates only during
    tests (about once per month) and in any instance where Wallops
    Island goes out of service. Due to this sporadic use, different
    coordination procedures may be needed for this site than for the
    other two sites. Therefore, we are not adopting specific
    coordination requirements for the Greenbelt facility here.[^201]
    Instead, coordination requirements will be discussed in the
    companion Service Rule Notice.

66. As mentioned above, we are mindful of the need to protect radio
    astronomy and radiosonde operations in the 1660‑1670 MHz band. We
    note, however, that because radio astronomy receivers are much more
    sensitive than those of radiosondes, any protection schemes designed
    for radio astronomy receivers should also protect radiosondes.
    Typically, to accomplish such protection, the Commission has set
    out‑of‑band emission limits to restrict the amount of power present
    in a frequency band due to a transmitter in an adjacent band. We
    believe that such a requirement is necessary here. However, we are
    not adopting specific limits in this Report and Order. Instead,
    issues of maximum power levels and emission masks will be explored
    in the companion Service Rules Notice. In its comments, ArrayComm
    states that power spectral flux density limits[^202] (PSFD) should
    be established as coordination criteria for locating stations in the
    1670‑1675 MHz band near radio astronomy sites. We decline to adopt
    PSFD limits. We generally have not adopted such limits in the past
    and believe that they could artificially restrict commercial
    operations in the band. However, we will encourage future licensees
    in this band to coordinate mutually agreeable limits with radio
    astronomers.[^203] Finally, we note that the provisions of footnote
    US74 of the Table of Frequency Allocations will apply to this
    band.[^204] This footnote specifies that radio astronomy operations
    will be protected from extraband radiation only to the extent that
    such radiation exceeds the limits for a station operating in
    compliance with all applicable Commission rules.

### 2385‑2390 MHz Band

67. In ITU Region 2, the 2385‑2390 MHz band is allocated to the fixed,
    mobile, and radiolocation services on a primary basis and to the
    amateur service on a secondary basis.[^205] Domestically, the band
    is allocated to the mobile service on a primary basis for Federal
    and non-Federal Government use, limited to aeronautical telemetry
    and associated telecommand operations for flight testing of aircraft
    and missiles. All other mobile telemetering uses are secondary to
    these uses.[^206] Currently, DoD, the National Aeronautics and Space
    Administration (NASA), DOE, and the commercial aviation industry use
    the entire 2360‑2390 MHz band to support aeronautical flight test
    operations. These operations will continue in the 2360‑2385 MHz
    band. In addition, the 2385-2390 MHz band is allocated to the
    radiolocation service on a primary basis and to the fixed service on
    a secondary basis for Federal Government use.[^207]

68. The 2385‑2390 band will become available for exclusive non‑Federal
    Government use in January 2005. However, NTIA stated that to
    minimize the operational impact to flight test programs that are
    ongoing or planned to begin in the near future, Federal Government
    operations at seventeen sites will continue on a protected basis
    until 2007.[^208] These protection areas, circles with radii ranging
    from 100 kilometers to 160 kilometers, are scattered around the
    continental United States, Hawaii, and Puerto Rico, and range from
    sparsely populated desert areas to major metropolitan areas such as
    Seattle, Washington and St. Louis, Missouri.[^209] In addition, the
    National Astronomy and Ionosphere Center operates a 1‑megawatt
    planetary research radar at Arecibo, Puerto Rico with a 20 megahertz
    bandwidth, centered at 2380 MHz. As indicated in the *Second
    Spectrum Reallocation Report*, airborne and space‑to‑Earth
    transmissions will be prohibited in Puerto Rico to protect this
    facility.[^210] Finally, we note that this band was transferred to
    non‑Federal Government use pursuant to BBA‑97, and therefore
    licenses will be assigned in accordance with Section 309(j) of the
    Communications Act. New licensees must compensate Federal Government
    entities in advance for marginal costs incurred in relocating their
    facilities from the band.[^211] In a recent Report to Congress, NTIA
    estimated the reimbursement costs for this band as \$124‑\$219
    million dollars with the majority of these costs going towards
    retuning existing equipment to a band of replacement spectrum.[^212]

69. In the *Notice*, we proposed to allocate the 2385‑2390 MHz band to
    the fixed and mobile services on a co-primary basis and to allow
    flexible use.[^213] In addition, we asked for comment on whether we
    should allocate this band more narrowly. We received few comments
    regarding our proposals for this band. MicroTrax states that
    although the 2385‑2390 MHz band presents characteristics that allow
    the band to be a good technical fit for its proposed PLMS,[^214]
    other aspects of the band make it less desirable than the
    1670‑1675 MHz band.[^215] Primarily, Microtrax argues that the
    requirement to reimburse Federal Government users of this spectrum
    for relocation costs, are unknown and may be prohibitively expensive
    as to prevent Microtrax from offering a low‑cost consumer
    service.[^216] We believe other entities, such as those interested
    in the 1670‑1675 MHz band, could also make use of the 2385‑2390 MHz
    band. We note that Motorola recently filed an *ex parte* requesting
    that this band not be included in this proceeding and instead be
    used to relocate Federal Government users from spectrum under
    consideration for advanced wireless communications.[^217] Under the
    provisions of the Communications Act, the Commission must reallocate
    and assign this spectrum for competitive bidding.[^218] If NTIA
    determines that it is in the public interest to retain this spectrum
    for Federal Government use, it may substitute this spectrum for
    other spectrum under its authorizing statute.[^219]

70. In addition to our proposal to allocate this band for fixed and
    mobile services, we sought comment on NTIA's determination that
    receiver and transmitter standards are needed for users of this band
    in order to reduce the potential for mutual interference with
    airborne systems that will continue to operate in the adjacent
    2360‑2385 MHz band.[^220] No comments were received regarding this
    issue. Thus, consistent with rules for most radio services regulated
    by the Commission, we will not adopt receiver standards for this
    band. However, in order to attract and retain customers, we believe
    that equipment manufacturers have sufficient incentive to design
    robust equipment capable of operating in this band absent specific
    Commission rules to that effect. We also asked for comment on
    whether sites in addition to the seventeen sites identified by NTIA
    for protection until 2007 are currently being used.[^221] The
    Aerospace and Flight Test Radio Coordinating Council (AFTRCC)
    requests that ten additional sites beyond those identified by NTIA
    receive protection until 2007.[^222] They state that this would
    minimize the impact of reallocation on current and planned flight
    test operations while they prepare to operate in reduced
    spectrum.[^223]

71. Inasmuch as there was no opposition to our proposal to provide a
    flexible allocation in this band to the fixed and mobile services,
    we are adopting this proposal for the 2385‑2390 MHz band. As stated
    in the *Notice*, we would like to minimize the impact on
    aeronautical telemetry operators from transitioning out of this
    band. We, therefore, will protect nine of the additional ten sites
    requested by AFTRCC, but will not extend this protection to the
    Fairfield County, Connecticut site. In this regard, we are concerned
    that protecting the Fairfield County site would delay deployment of
    service to the New York City metropolitan area for at least two
    years. Because this area is such a large population center, it is
    important that a licensee have access to this market as soon as
    possible. We believe that these actions strike a balance between the
    needs of the aeronautical telemetry community and those of new
    licensees in the 2385‑2390 MHz band. Accordingly, we are modifying
    proposed footnote USzzz (codified herein as footnote US363) in the
    Table of Frequency Allocations to include protection for the
    requested nine sites.

## Effect of Reallocated Spectrum on Native Americans 

72. In the *Notice*, we sought comment from Indian Tribal Governments
    regarding the effect our proposals for the 27 MHz being addressed in
    this proceeding might have on Native American Tribes.[^224] Last
    year, the Commission adopted a *Tribal Government Policy Statement*,
    which stated that the Commission is committed to working with Native
    American tribes to ensure adequate access to communications
    services, and consulting with Tribal Governments prior to
    implementing any regulatory action or policy that would
    significantly affect tribal Governments, their land, and
    resources.[^225] We did not receive any comments from Tribal
    Governments or other parties on this issue. However, we will
    encourage future licensees, when deploying systems in spectrum
    reallocated in this *Report and Order*, to work with Tribal
    Governments to serve the communications needs of Tribal communities.

## Protection of Federal Government Services

73. As discussed above, Federal Government operations will continue on a
    protected basis in several of the reallocated frequency bands,
    either indefinitely or for a period of time beyond the date of
    spectrum transfer from Federal to non‑Federal Government use.[^226]
    In the *Notice*, we stated that within the established protection
    zones, non‑Federal Government stations would need to be coordinated
    with NTIA.[^227] This mandatory coordination will be accomplished by
    the Commission after an application is submitted by a licensee
    through the Frequency Assignment Subcommittee (FAS) of the
    Interdepartment Radio Advisory Committee (IRAC). We proposed a
    procedure whereby licensees proposing to construct a facility[^228]
    within a protected zone, would submit an application through the
    Universal Licensing System which contains the technical information
    for the site. This information would then be forwarded to the FAS.
    Licensees would be prohibited from constructing the facility until
    receiving a response from the Commission that the coordination with
    NTIA was successful.[^229] We sought comment on this proposal and
    asked for suggestions on alternative procedures that might be less
    cumbersome. The only comment received on this issue was from The
    National Academy of Sciences, which suggests coordination procedures
    for the GOES earth stations that will continue to operate with
    co‑primary status in the 1670‑1675 MHz band.[^230] As described
    above, we are adopting rules to implement this suggestion.[^231] For
    all other frequency bands, we adopt the procedures as proposed.
    Under these procedures, Commission licensees may construct
    facilities under the terms of their license and in accordance with
    the relevant service rules so long as the facility is not within one
    of the protected zones as defined by NTIA, unless the facility has
    been coordinated with NTIA. This does not exempt licensees from any
    other required filings or coordination requirements, such as those
    that may be required under the National Environmental Policy Act of
    1969[^232] or for international coordination.

# CONCLUSION

74. By the decisions above, we reallocate twenty‑seven megahertz of
    spectrum from Federal to non‑Federal Government use. These actions
    fulfil our obligations to implement various provisions of OBRA‑93
    and BBA‑97 and they also continue implementation of the 1999
    *Spectrum Policy Statement*. We believe that through these actions,
    manufacturers, service providers and consumers will reap the
    benefits of new technologies and services.

# PROCEDURAL MATTERS

## Final Regulatory Flexibility Act 

75. A Final Regulatory Flexibility analysis, pursuant to the Regulatory
    Flexibility Act, 5 U.S.C. § 604, is contained in Appendix B.

## Paperwork Reduction Act 

76. This Report and Order contains either new or modified information
    collection(s) subject to the PRA of 1995, Public Law 104-13. It will
    be submitted to the Office of Management and Budget (OMB) for review
    under Section 3507(d) of the PRA. OMB, the general public, and other
    Federal agencies are invited to comment. Public and agency comments
    are due **\[60 days after date of publication in the Federal
    Register.\]** Comments should address: (a) whether the new or
    modified collection of information is necessary for the proper
    performance of the functions of the Commission, including whether
    the information shall have practical utility; (b) the accuracy of
    the Commission's burden estimates; (c) ways to enhance the quality,
    utility, and clarity of the information collected; and (d) ways to
    minimize the burden of the collection of information on the
    respondents, including the use of automated collection techniques or
    other forms of information technology.

# ORDERING CLAUSES

77. Accordingly, IT IS ORDERED that pursuant to the authority contained
    in Sections 4(i), 257, 303(b), 303(f), 303(g), 303(r), and 309(j) of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    257, 303(b), 303(f), 303(g), 303(r), and 309(j) this *Report and
    Order and Memorandum Opinion and Order* is ADOPTED.

78. IT IS FURTHER ORDERED that Parts 1, 2, 90, and 95 of the
    Commission\'s Rules ARE AMENDED as specified in Appendix C,
    effective 60 days after publication in the Federal Register.
    Information collections contained in these rules will be effective
    upon OMB approval.

79. IT IS FURTHER ORDERED that the proceeding in WT Docket No. 97-153 IS
    TERMINATED.

80. IT IS FURTHER ORDERED that the Petitions for Reconsideration filed
    in ET Docket No. 92-255 ARE DENIED.

81. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    *Report and Order and Memorandum Opinion and Order*, including the
    Final Regulatory Flexibility Analysis, to the Chief Counsel for
    Advocacy of the Small Business Administration.

> FEDERAL COMMUNICATION COMMISSION
>
> Magalie Roman Salas
>
> Secretary

# Appendix A: List of Commenters {#appendix-a-list-of-commenters .unnumbered}

[ET Docket No. 00‑221]{.underline}

**[Comments]{.underline}**

Acoustical Society of America

Adrienne Haugen

AeroAstro, Inc.

Aerospace and Flight Test Radio Coordinating Council

Alan Woods

Alec Stone

Alexander Graham Bell Association for the Deaf and Hard of Hearing

Alison Stroud

Amanda Jaffe

American Academy of Audiology

American Council of the Blind

American Hospital Association Task Force on Medical Telemetry

American Public Power Association

American Society for Deaf Children

Amy Becktell

Anastasia Heckendorf

Ann Gazinski

Ann Louise Bednar

Ann Rooney

Anna Dresner

Anne Harrison

Arlene Romoff

Arlie J. Adam, MS, CCC‑A

Arraycomm, Inc.

ARRL, The National Association for Amateur Radio

Association of Public‑Safety Communications Officials International,
Inc.

AT&T Wireless Services, Inc.

Auditory‑Verbal International, Inc.

Audrey Kraus

Audrey Weekes

Automobile Club of Hartford, Inc.

Avista Corporation

Barbara A. Johnson

Barbara Mellert

Bay State Gas Company

Becky Waegell

Ben W. Gilbert

Betty A. Proctor

Betty Coombs

Betty Lim

Betty Stueber

Beverly Nichols

Blade Chamery

Bradley B. Ingrao, MSEd CCC‑A

Brian and Michaela Henderson

California State Automobile Association.

Candace Lindow‑Davies

Carl and Jacquelyn Gustafson

Carol A. Fawcett

Carol Barber

Carol Burns

Carol M. Granaldi

Carolee Borntreger

Carolyn M. Trautmann

Carolyn Rossick

Carolyn Wilson

Carrie Cleary

Carrie J. Welter

Cary Walsh

Cathy Freeman Wice

Celtronix Telemetry, Inc.

Center for Independent Living of Mid‑Michigan

Charlotte N. Roth

Cheryl A. Heppner

Children\'s Hospital of Wisconsin

Chris Witt

Christine Buzard

Christine Eubanks

Christopher Hunter

Christopher Koston

Chrystal Frailing

Cindy Ann Simon

Comtek‑Communications Technology Inc.

Council of Organizational Representatives on National Issues

Crawfordsville Electric Light & Power

Cristina Campos

Cuquita Wilson De Briano

Cynthia Coupe

D. Fariss

Dale Hermsen

Dan Heeb

Dan Julie & Sophia Schlager

Dana Mulvany

Dana Zuller

Daniel & Claudia Plato

Daniel Joe Broek

Daniel Schlager

Danny Finnen

Daphne Potter

DataCom Information Systems, LLC

Datex Spectrum, L.L.C.

Dave & Kathy Pearson

David Berrian

David Glenn Hoffman

Dawn E. Wilcox

Deaf‑Hearing Communication Centre, Inc.

Debbie Mohney

Debby McDowall

Deborah K. Hardegree

Debra Rowland

Denise Jones

Desiree W. Whipple

Diane M. Badua

Diane Phelps

Diane R. Finnerty

Dianna Attaway

Donald Dunow

Dorothy Holland‑Kanpp

Dorothy Kerr

Dorothy Minert

Dorothy Wormser

Doug Kloss

Dr. Judy C. Smith

Dr. Waltraut M. Knoll

Dudley J. Sondeno

Educational Audiology Association

Efrat A. Schorr

Eileen Conlow

Electronic Tracking Systems, L.L.C.

Elizabeth J. Wilson

Ellen Semel

Emily Mandelbaum

Emily Whiteside

Enid Gilham

Esther S. Weinberger

Eva D'Agostino

Evelyn Cypert

Evelyn N. Rossick

Fairfield Industries, Inc.

Final Analysis Communication Services, Inc.

Flo Kiewel

Florence M. Cone

Frances G. Parks

Francis Buchinger

Francis P. Lepine

Francis T. Bromley

Frank Digiovanni

Frank Iglehart, Ph.D.

Fredericka Bell‑Berti

Gainesville Regional Utilities

Gene W. Pankey

George DeVbiss

Glenda Smith‑Fowler

Glenn & Stacey Pinke

Glenna S. Descy

Grace Tiessen

Grove City Area Self Help for Hard of Hearing

Gwen E.P. Smith

Harold McPherson

Harriet Adams

Head and Neck Medicine and Surgery of Southwest Virginia

Hearing Industries Association

Helen Conuelse

Henry J. Kehe

Hermine Willey

Hometown Connections, International, LLC

Ina Colleen Rozmaryn

Industrial Telecommunications Association, Inc.

Ingham Intermediate School District

Instantel, Inc.

In‑Sync Interactive Corporation

Ira and Pam Dooley

Irina Booth

Itron, Inc.

Jack O\'Keeffe

James C. Dillon

James E. Cook

James Greco

James M. Berry

James R. Edwards

Jamie Taylor

Jane Smith

Janet Haines

Janie Samuel

Jay Wyant

Jean Camberg

Jeanne Glass

Jennifer M. Bold

Jennifer M. Hulme

Jennifer Spencer

Joan Andrews

Joan Celebi

Joan Forney

Joan Kornbluh

Joan Marcoux

Joan P. Ireland

Joann BeBettencourt

JoAnn Ploetz

Joanne Colombo

John A. Hayden

John B. (Bern) Klein

John Flanders

John J Schlager

John Lambrecht

John M. Flanders

John R. Rossick

Jon Monsarrat

Jon Taylor

Jonathan Sondergeld

Joseph Carbone

Joseph Gordon

Joyce Borgerding

Joyce McDaniel

Judith A. Schmidt

Judith L Rogers

Judith S. Dick

Judy Ginsberg

Judy Schwarzmeier

Julia Elizabeth Fitzer

Julia M. Olson

Julie Sapp, Ph.D.

June A. Romano

June McBride

Karen A. Biernat

Karen A. Keil

Karen Finnen

Karen L. Utter

Karen Lindberg

Karen London

Karen M. Gross

Karen Manning

Kathleen Boate

Kathleen M. Splitek

Kathryn Mazzocam

Kathryn Wexler

Kathy Scanlan

Kay Ringelstetter

Keith Ploetz

KeySpan Energy Delivery

Kiersten A. Tomchik

Kim Schafer

Kimberly J. Niday, MA, CCC/A

Kromeklia Bryant

Lana B. Alsobrook

Land Mobile Communications Council

Late Liautaud Liska

Laura Knoke

Leo One Worldwide, Inc.

Lila McKee, MA, CCC‑A

Lina Reiss

Linda Boylan, M.A., CCC‑A

Linda C. Zarro

Linda Erb

Linda J. Ray

Linda M. Peshek

Linda Peshek

Linda S. Taylor, Ed.D.

Lindsey Rentmeester

Linnda Thibodeau, Ph.D.

Lisa Kennedy

Lisa Sutehrland

Liz Kobylak

Lois O\'Neill

Lori Buseck

Lori Wheat

Lou Ann Jones

Louise Colodzin

Lucinda F. Swearingen

Lynda G. Coxe

Malisa W. Janes, Rh.D.

Margaret C. Thompson

Margaret D. Waegell

Maridee F. Garvey

Marie C. Nordling

Marie Ruys

Marilyn M. Mahaffey

Marilyn Voorhies

Mark Johnson

Mark Reeve

Martha Rais

Martina Avalina

Mary Crock

Mary Jo Harvey

Mary Jo Melbourne

Mary L. B. Pendergraft

Mary Lee Nelson

Mary M Honomichl

Mary M. Whitaker

Mary McGinnis

Mary Pribich

Mary Slattery

Mary T. Lucchesi

Massachusetts Commission for the Deaf and Hard of Hearing

Max K. Kennedy

Melanie C. Magruder

Melissa K. Chaikof

Melissa Vinik

Melody James

Michael J. Arleth

Michael J. Barrett

Michael P. Shuman

Michele Hatfield

Michelle Sarnese

MicroTrax

Mike and Pat Feltman

Millennium Networks, Inc.

Mobex Communications, Inc.

Moneca Price

Motorola, Inc.

Mr. and Mrs. Harrison Bubb

MRFAC, Inc.

Mrs. Kargol

Mrs. Kathy Dragel

Mrs. Raye Fairchild

Myron W. Yoder

Nan Asher

Nancy A. Dietrich

Nancy A. Dolberg

Nancy Blazek

Nancy Fink

Nancy J. Rennert

Nancy Kingsley

Nancy Landrum

Naomi K. Smith

Nate Flanders

National Academy of Sciences

National Association For Law Enforcement Technology

National Association of Broadcasters

National Association of the Deaf

Newport Utilities Board

Nghi Lu

Norman W. Larson

Northern Virginia United for Deaf and Hard of Hearing Children

Noryn Letcavage

Orbital Communications Corporation

Pacific Crest Corporation

Pamela Casey

Pamela J. Foody

Patricia F. Schmieg

Patricia Gonzales

Patricia Krueger

Patricia Stelmachowicz

Patrick Thomas Ryan

Paul Lagace

Paul M. Lurie

Paul Matecki

Paula Brown Glick

Paula Humphreys

Paula Rosenthal

Peg Singleton

Peggy Lupton

Persons with Disabilities Caucus

The Greens/Green Party US

Philip H. Kaplan

Phonic Ear, Inc.

Priscilla Bade, MD

Puay Ng

R.C. March

Rachel Esserman

Rae Carter

Rebecca DeGrave

Reliant Energy, Incorporated

Revelation L.L.C.

Rich Diedrichsen

Richard and Paula Laughlin

Richard S. Neely

Richard T. McGeorge

Robert LuVisi

Robert S. Ghent

Roberta Schneider

Ronald H. Vickery

Rosemarie Kasper

Ruth Anne Parsons

Ryan W. Gale

Sandi Streeter

Sandra Kowalczyk

Sara B Wilson

Sara M Maher

Sarah Chatterton

Sarah G. Smith

Sarah Gretchen Smith

Sarah Nelson

Scott Alder

Securicor Wireless Holdings, Inc.

Self Help for Hard of Hearing People

Shanita Zinn

Sheila Rose

Shera M. Katz

Shirley Jaskier

Sonda LaDeaux

Southern Company Services, Inc.

Southern Connecticut Gas Company

Stacy Ridgway

Stephanie E. Angelini

Stephen W. Lemon

Steve Barber

Steven Tramposch

Sue Spangenberger

Sue Toth, M.A., Audiologist

Susan A. Cook

Susan B. Matt

Susan Boswell

Susan Buchinger

Susan Buseck

Susan Chorost

Susan Evans Peterson

Susan Hargett

Susan Niemiec

Susan Nittrouer Ph.D

Suzanne J. Bressler, MS, CCC‑A

Sylvia Van Asten

Tanya Giovacchini

Terri Charles

The American Petroleum Institute

The Satellite Industry Association

Theresa Conradson

Thomas E. McCormick

Thomas G Russel

Tim Gale

Tommie G. Wells

Toni Barrient

Trimble Navigation Limited

Trina Girard

Trish Freeman

United Telecom Council

University of Connecticut

Van D. Westervelt

Verna S. Neidigh

Vernon Thayer

Veryl E. White

Vicki Castro

Viki Nygaard

Virginia Carr

Wallace Mooney

Warren C. Havens

Wayne Benson

Wendy Samuelson

William D'Agostino

William M. Hartmann

William R. Hickman

Winnie M. Hargis

Woodley O. Butler, Jr.

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

AeroAstro, Inc.

Alarm Industry Communications Committee

American Hospital Association Task Force on Medical Telemetry

Clyda H. Anderson

Datex Spectrum, L.L.C.

Fairfield Industries, Inc.

Final Analysis Inc. and Orbital Communications Corporation

Genevieve J. Schulz Electronic Tracking Systems, L.L.C.

In‑Sync Interactive Corporation

Karen E. Jorgensen

Mert Schulz

MicroTrax

Mobex Communications, Inc.

MRFAC, Inc.

National Association of Broadcasters

Rocky Mountain Motorists, Inc.

U.S. Telemetry Corporation

Warren C. Havens

[ET Docket No. 99‑255, PR Docket No. 92‑235]{.underline}

**Petitions for Reconsideration**

Joint Petition of Final Analysis Services, Inc., Leo One Worldwide Inc.,
and Orbital Communications Corporation

Satellite Industry Association

[WT Docket No. 97‑153]{.underline}

**Comments**

Cumberland Gap Tunnel Authority

Cybortech, Inc.

Dale T. Smith

Department Of Transportation

Gene Snyder

Giffen B. Nickol

Industrial Telecommunications Association

International Association of Chiefs of Police

International Municipal Signal Association

John Tomerlin

MPH Industries Inc

National Association of Governors' Highway Safety Representatives

Personal Communications Industry Association

Phonic Ear, Inc.

Radio Association Defending Airwave Rights

Representative Koller

Representative Schiavone

Safety Warning Systems

Sanyo Tecnica USA, Inc.

Senator Kristensen

Sunkyong America Inc

Teligent

Vermont Agency Of Transportation

Vermont Railway, Inc.

**Reply Comments**

Anthony Otis

# APPENDIX B: Final Regulatory Flexibility Analysis {#appendix-b-final-regulatory-flexibility-analysis .unnumbered}

1.  As required by the Regulatory Flexibility Act (RFA)[^233] an Initial
    Regulatory Flexibility Analysis (IRFA) was incorporated in the
    *Notice of Proposed Rule Making* (*Notice*).[^234] The Commission
    sought written public comments on the proposals in the Notice,
    including comment on the IRFA. This present Final Regulatory
    Flexibility Analysis (FRFA) conforms to the RFA.[^235]

**Need for, and Objectives of, the Report and Order.**

82. This *Report and Order* (*R&O*) allocates 27 megahertz of spectrum
    from the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz,
    1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz bands for
    non-Government use, thereby effectuating the transfer of this
    spectrum from the Federal Government, pursuant to the provisions of
    the Omnibus Budget Reconciliation Act of 1993 (OBRA-93) and the
    Balanced Budget Act of 1997 (BBA-97). The bands 1390-1395 MHz,
    1427-1429 MHz, and 2385-2390 MHz are being allocated for exclusive
    non-Federal Government use, while the bands 216-220 MHz,
    1432-1435 MHz, and 1670-1675 MHz, are being allocated for mixed use.
    Mixed use is a type of shared use whereby Federal Government use is
    limited by geographic area, by time, or by other means so as to
    guarantee that the potential use to be made by Federal Government
    stations is substantially less than the potential use to be made by
    non-Federal Government stations. All primary Government allocations
    are being deleted from the transfer bands except in the mixed-use
    bands, where a limited number of stations will be grandfathered
    indefinitely. Federal agencies will not add new primary stations in
    any of the transfer bands. In the bands 1432-1435 MHz and
    2385-2390 MHz, non-grandfathered Federal Government stations will
    retain their primary status until relocated in accordance with the
    Strom Thurmond National Defense Authorization Act of Fiscal Year
    1999 (NDAA-99).

83. These seven bands have a variety of continuing Government protection
    requirements and incumbent Government and non-Government uses.
    Despite these constraints and the relatively narrow bandwidth
    contained in each of the bands, we believe that the *R&O* will
    foster a variety of potential applications in both new and existing
    services. The transfer of these bands to non-Government use should
    enable the development of new technologies and services, provide
    additional spectrum relief for congested private land mobile
    frequencies, and fulfill our obligations as mandated by Congress to
    assign this spectrum for non-Government use.

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

84. There were no comments received in response to the IFRA.

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

85. 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.[^236] The RFA defines
    the term \"small entity\" as having the same meaning as the terms
    \"small business,\" \"small organization,\" and \"small governmental
    jurisdiction.\"[^237] In addition, the term \"small business\" has
    the same meaning as the term \"small business concern\" under the
    Small Business Act.[^238] 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).[^239] A
    small organization is generally \"any not-for-profit enterprise
    which is independently owned and operated and is not dominant in its
    field.\"[^240] Nationwide, as of 1992, there were approximately
    275,801 small organizations.[^241] \"Small governmental
    jurisdiction\"[^242] generally means \"governments of cities,
    counties, towns, townships, villages, school districts, or special
    districts, with a population of less than 50,000.\"[^243] As of
    1992, there were approximately 85,006 governmental entities in the
    United States.[^244] This number includes 38,978 counties, cities,
    and towns; of these, 37,566, or 96%, have populations of fewer than
    50,000.[^245] The Census Bureau estimates that this ratio is
    approximately accurate for all governmental entities. Thus, of the
    85,006 governmental entities, we estimate that 81,600 (96%) are
    small entities.

86. Licenses in some of the spectrum being allocated in the *R&O* will
    be assigned by auction, and licenses in some of the spectrum may be
    assigned by auction. The Commission has not yet determined how many
    licenses will be awarded, nor will it know how many licensees will
    be small businesses, until auctions are planned and held. We
    therefore assume that, for purposes of our evaluations and
    conclusions in the FRFA, all of the prospective licensees in the
    bands addressed in the *Notice* are small entities, as that term is
    defined by the SBA.

87. Incumbent services in the 216-220 MHz band, which the *R&O*
    allocates on a primary basis to the Fixed and Mobile Services,
    include the Automated Maritime Telecommunications Service (AMTS),
    telemetry users and Low Power Radio Service (LPRS) users. The
    Commission has defined small businesses in the AMTS as those
    businesses which, together with their affiliates and controlling
    interests, have not more than fifteen million dollars (\$15 million)
    in the preceding three years.[^246] There are only three AMTS
    licensees, none of whom are small businesses. However, potential
    licensees in AMTS include all public coast stations, which fall
    within the Small Business Administration classification as
    Radiotelephone Service Providers, Standard Industrial Classification
    Code 33422.[^247] The small business size standard for this category
    is an entity that employs no more than 1500 persons.[^248] According
    to the 1992 Census of Transportation, Communications, and Utilities,
    there are a total of 1178 radiotelephone service providers, of whom
    only 12 had more than 1000 employees. Therefore, we estimate that at
    least 1166 small entities may be affected by these rules.

88. Users of telemetry are generally large corporate entities, such as
    utility companies, and it is unlikely that any of the users would be
    small businesses. LPRS permits licensees to use the 216-217 MHz
    segment for auditory assistance, medical devices, and law
    enforcement tracking devices. Users are likely to be theaters,
    auditoriums, churches, schools, banks, hospitals, and medical care
    facilities. The primary manufacturer of auditory assistance
    estimates that it has sold 25,000 pieces of auditory assistance
    equipment. Many if not most LPRS licensees are likely to be small
    businesses or individuals. However, because the LPRS is licensed by
    rule, with no requirement for individual license applications or
    documents, the Commission is unable to estimate how many small
    businesses make use of LPRS equipment.

89. The incumbent service in the 1427-1429 MHz band is telemetry. The
    incumbent services in the 1429-1432 MHz band include general
    telemetry and medical telemetry. The Commission has issued only a
    small number of licenses in these bands. The primary user of this
    band is Itron, Inc., which with an investment of \$100 million in
    equipment development, is not likely to be a small business. Other
    licensees include utility companies, such as Pueblo Service Company
    of Colorado and E Prime, Inc., and large manufacturers such as Deere
    and Company, Caterpillar, and General Dynamics. None of these
    licensees are likely to be small businesses. One licensee, Zytex, a
    manufacturer of high-speed telemetry systems may be a small
    business. Users of medical telemetry are hospitals and medical care
    facilities, some of which are likely to be small businesses.

90. The Commission has not developed a definition of small entities
    specifically applicable to Radio Frequency Equipment Manufacturers
    (RF Manufacturers). Therefore, the applicable definition of small
    entity is the definition under the SBA rules applicable to
    manufacturers of \"Radio and Television Broadcasting and
    Communications Equipment.\" According to the SBA\'s regulation, an
    RF manufacturer must have 750 or fewer employees in order to qualify
    as a small business.[^249] Census Bureau data indicates that there
    are 858 companies in the United States that manufacture radio and
    television broadcasting and communications equipment, and that 778
    of these firms have fewer than 750 employees and would be classified
    as small entities.[^250] We believe that many of the companies that
    manufacture RF equipment may qualify as small entities.

91. According to the SBA\'s regulations, nursing homes and hospitals
    must have annual gross receipts of \$5 million or less in order to
    qualify as a small business concern. There are approximately 11,471
    nursing care firms in the nation, of which 7,953 have annual gross
    receipts of \$5 million or less.[^251] There are approximately 3,856
    hospital firms in the nation, of which 294 have gross receipts of
    \$5 million or less. Thus, the approximate number of small confined
    setting entities to which the Commission\'s new rules will apply is
    8,247.

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

92. Entities interested in acquiring spectrum in the bands where license
    assignment will be made through an auction will need to submit a
    high bid and then submit a license application for the spectrum of
    interest. In other bands, entities will be required only to submit
    license applications to obtain the use of spectrum. Additionally,
    licensees will be required to file applications for license renewals
    and make certain other filings as required by the Communications
    Act.

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

93. The RFA requires an agency to describe any significant alternatives
    that it has considered in reaching its approach, which may include
    the following four alternatives among others: (1) the establishment
    of differing compliance or reporting requirements or timetables that
    take into account the resources available to small entities; (2) the
    clarification, consolidation, or simplification of compliance or
    reporting requirements under the rule for small entities; (3) the
    use of performance, rather than design, standards; and (4) an
    exemption from coverage of the rule, or any part thereof, for small
    entities. As in all of the bands where incumbent licensees exist, we
    have inquired whether we should elevate the status of the services
    in which the incumbents are licensed to primary. 5 U.S.C. § 603.

94. Although the scope of this *R&O* is spectrum allocation, and not
    license assignment and compliance requirements, several steps have
    been taken to minimize any possible significant economic impact on
    small entities. For example, the allocation decision not to auction
    the 216-217 MHz band and also to elevate LPRS to primary status in
    that band will protect the investment made by small entities in LPRS
    devices. Similarly, the decision to relocate the Wireless Medical
    Telemetry Service (WMTS) to the 1427-1429.5 MHz band from the
    1429-1432 MHz band will allow licensees to more efficiently use the
    spectrum because the spectrum sharing environment will be more
    favorable at the lower end of the band. Because, the original
    allocation decision for WMTS was only made recently, devices are not
    yet on the market. Thus, there is no economic impact on licensees to
    retune equipment. Likewise, the impact on manufacturers will be
    minimal.

**Report to Small Business Administration**:

95. The Commission will send a copy of this Report and Order, including
    a copy of the FRFA to the Chief Counsel for Advocacy of the Small
    Business Administration. The Report and Order and FRFA will also be
    published in the Federal Register.

**Report to Congress:**

96. The Commission will send a copy of this Final Regulatory Flexibility
    Analysis, along with the Report and Order, in a report to Congress
    pursuant to the Congressional Review Act, 5 U.S.C. § 801(a)(1)(A).

# APPENDIX C: FINAL RULES {#appendix-c-final-rules .unnumbered}

For the reasons set forth in the preamble, the Federal Communications
Commission amends Parts 1, 2, 90, and 95 of title 47 of the Code of
Federal Regulations 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).**

97. Section 1.924 is amended by adding new paragraph (f) to read as
    follows:

**§ 1.924 [Quiet zones]{.underline}.**

\* \* \* \* \*

\(f\) GOES. The requirements of this paragraph are intended to minimize
harmful interference to Geostationary Operational Environmental
Satellite earth stations receiving in the band 1670-1675 MHz, which are
located at Wallops Island, Virginia and Fairbanks, Alaska and Greenbelt
Maryland.

\(1\) Applicants and licensees planning to construct and operate a new
or modified station within the area bounded by a circle with a radius of
100 kilometers (62.1 miles) that is centered on 37^o^ 56\' 47\" N, 75^o^
27\' 37\" W (Wallops Island) or 64^o^ 58\' 36\" N, 147^o^ 31\' 03\" W
(Fairbanks) must notify the National Oceanic and Atmospheric
Administration (NOAA) of the proposed operation. For this purpose, NOAA
maintains the GOES coordination web page at
http://www.osd.noaa.gov/radio/frequency.htm, which provides the
technical parameters of the earth stations and the point-of-contact for
the notification. The notification shall include the following
information: requested frequency, geographical coordinates of the
antenna location, antenna height above mean sea level, antenna
directivity, emission type, equivalent isotropically radiated power,
antenna make and model, and transmitter make and model.

\(2\) When an application for authority to operate a station is filed
with the FCC, the notification required in paragraph (f)(1) of this
section should be sent at the same time. The application must state the
date that notification in accordance with paragraph (f)(1) of this
section was made. After receipt of such an application, the FCC will
allow a period of 20 days for comments or objections in response to the
notification.

\(3\) If an objection is received during the 20-day period from NOAA,
the FCC will, after consideration of the record, take whatever action is
deemed appropriate.

\* \* \* \* \*

**PART 2 ‑‑ FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS;**

**GENERAL RULES AND REGULATIONS**

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

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

99. Amend Section 2.106, the Table of Frequency Allocations, as follows:

a\. Revise pages 23, 31, 41, 42, 43, 47, 50, and 51.

b\. Revise footnotes US210, US229, US276, US311, US350, and US352;
remove footnote US317; and add footnotes US361, US362, US363, and US368.

c\. Add footnotes NG173 and NG174.

d\. Revise footnotes G2, G27, G30, G120, and G114 and remove footnote
G123.

The additions and revisions read as follows:

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

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 33‑50 MHz |           |           |           |           | Page 23 |
| (VHF)     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 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       |           |           | 33‑34     | 33‑34     | Private |
| previous  |           |           |           |           | Land    |
| page for  |           |           |           | FIXED     | Mobile  |
| 30.01     |           |           |           |           | (90)    |
| ‑37.5 MHz |           |           |           | LAND      |         |
|           |           |           |           | MOBILE    |         |
|           |           |           |           |           |         |
|           |           |           |           | NG124     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 34‑35     | 34‑35     |         |
|           |           |           |           |           |         |
|           |           |           | FIXED     |           |         |
|           |           |           |           |           |         |
|           |           |           | MOBILE    |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 35‑36     | 35‑36     | Public  |
|           |           |           |           |           | Mobile  |
|           |           |           |           | FIXED     | (22)    |
|           |           |           |           |           |         |
|           |           |           |           | LAND      | Private |
|           |           |           |           | MOBILE    | Land    |
|           |           |           |           |           | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 36‑37     | 36‑37     |         |
|           |           |           |           |           |         |
|           |           |           | FIXED     | US220     |         |
|           |           |           |           |           |         |
|           |           |           | MOBILE    |           |         |
|           |           |           |           |           |         |
|           |           |           | US220     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 37‑37.5   | 37‑37.5   | Private |
|           |           |           |           |           | Land    |
|           |           |           |           | LAND      | Mobile  |
|           |           |           |           | MOBILE    | (90)    |
|           |           |           |           |           |         |
|           |           |           |           | NG124     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 3         |           |           | 37.5‑38   | 37.5‑38   |         |
| 7.5‑38.25 |           |           |           |           |         |
|           |           |           | Radio     | LAND      |         |
| FIXED     |           |           | astronomy | MOBILE    |         |
|           |           |           |           |           |         |
| MOBILE    |           |           | S5.149    | Radio     |         |
|           |           |           |           | astronomy |         |
| Radio     |           |           |           |           |         |
| astronomy |           |           |           | S5.149    |         |
|           |           |           |           | NG59      |         |
|           |           |           |           | NG124     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.149    |           |           | 38‑38.25  | 38‑38.25  |         |
|           |           |           |           |           |         |
|           |           |           | FIXED     | RADIO     |         |
|           |           |           |           | ASTRONOMY |         |
|           |           |           | MOBILE    |           |         |
|           |           |           |           | S5.149    |         |
|           |           |           | RADIO     | US81      |         |
|           |           |           | ASTRONOMY |           |         |
|           |           |           |           |           |         |
|           |           |           | S5.149    |           |         |
|           |           |           | US81      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 38.       |           |           | 38.25‑39  | 38.25‑39  |         |
| 25‑39.986 |           |           |           |           |         |
|           |           |           | FIXED     |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           | MOBILE    |           |         |
| MOBILE    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 39‑40     | 39‑40     | Private |
|           |           |           |           |           | Land    |
|           |           |           |           | LAND      | Mobile  |
|           |           |           |           | MOBILE    | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
| 39.       |           |           |           | NG124     |         |
| 986‑40.02 |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 40‑42     | 40‑40.98  | ISM     |
|           |           |           |           |           | Eq      |
|           |           |           | FIXED     |           | uipment |
|           |           |           |           |           | (18)    |
|           |           |           | MOBILE    |           |         |
|           |           |           |           |           | Private |
|           |           |           |           |           | Land    |
|           |           |           |           |           | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 162.012   |           |           |           |           | Page 31 |
| 5‑322 MHz |           |           |           |           |         |
| (VHF/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       |           |           | 162.0     | 162.0     | Au      |
| previous  |           |           | 125‑173.2 | 125‑173.2 | xiliary |
| page for  |           |           |           |           | Broad   |
| 156.837   |           |           | FIXED     | S5.226    | casting |
| 5‑174 MHz |           |           |           | US8 US11  |         |
|           |           |           | MOBILE    | US13      | \(74\)  |
|           |           |           |           | US216     |         |
|           |           |           | S5.226    | US223     | Private |
|           |           |           | US8 US11  | US300     | Land    |
|           |           |           | US13      |           | Mobile  |
|           |           |           | US216     | US312     | (90)    |
|           |           |           | US223     |           |         |
|           |           |           | US300     |           |         |
|           |           |           |           |           |         |
|           |           |           | US312 G5  |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 17        | 17        | Private |
|           |           |           | 3.2‑173.4 | 3.2‑173.4 | Land    |
|           |           |           |           |           | Mobile  |
|           |           |           |           | FIXED     | (90)    |
|           |           |           |           |           |         |
|           |           |           |           | Land      |         |
|           |           |           |           | mobile    |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 173.4‑174 | 173.4‑174 |         |
|           |           |           |           |           |         |
|           |           |           | FIXED     |           |         |
|           |           |           |           |           |         |
|           |           |           | MOBILE    |           |         |
|           |           |           |           |           |         |
|           |           |           | G5        |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 174‑223   | 174‑216   | 174‑223   | 174‑216   | 174‑216   | Br      |
|           |           |           |           |           | oadcast |
| BRO       | BRO       | FIXED     |           | BRO       | Radio   |
| ADCASTING | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           | MOBILE    |           |           |         |
|           | Fixed     |           |           | NG115     | \(73\)  |
|           |           | BRO       |           | NG128     |         |
|           | Mobile    | ADCASTING |           | NG149     | Au      |
|           |           |           |           |           | xiliary |
|           | S5.234    |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 216‑220   |           | 216‑220   | 216‑220   | M       |
|           |           |           |           |           | aritime |
|           | FIXED     |           | Fixed     | FIXED     | (80)    |
|           |           |           |           |           |         |
|           | MARITIME  |           | Mobile    | MOBILE    | Private |
|           | MOBILE    |           |           |           | Land    |
|           |           |           | Radi      | Aer       | Mobile  |
|           | Radi      |           | olocation | onautical | (90)    |
|           | olocation |           | S5.241 G2 | mobile    |         |
|           | S5.241    |           |           |           | P       |
|           |           |           | US210     | US210     | ersonal |
|           | S5.242    |           | US229     | US229     | Radio   |
|           |           |           | US274     | US274     | (95)    |
|           |           |           |           | NG152     |         |
|           |           |           |           | NG173     | Amateur |
|           |           |           |           |           | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 220‑225   |           | 220‑222   | 220‑222   | Private |
|           |           |           |           |           | Land    |
|           | AMATEUR   |           | FIXED     | FIXED     | Mobile  |
|           |           |           |           |           | (90)    |
|           | FIXED     |           | LAND      | LAND      |         |
|           |           |           | MOBILE    | MOBILE    |         |
|           | MOBILE    |           |           |           |         |
|           |           |           | Radi      | US335     |         |
|           | Radi      |           | olocation |           |         |
|           | olocation |           | S5.241 G2 |           |         |
|           | S5.241    |           |           |           |         |
|           |           |           | US335     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.235    |           | S5.233    | 222‑225   | 222‑225   | Amateur |
| S5.237    |           | S5.238    |           |           | (97)    |
| S5.243    |           | S5.240    | Radi      | AMATEUR   |         |
|           |           | S5.245    | olocation |           |         |
|           |           |           | S5.241 G2 |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 941       |           |           |           |           | Page 41 |
| -1430 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       | See       | See       | 941-944   | 941-944   | Public  |
| previous  | previous  | previous  |           |           | Mobile  |
| page for  | page for  | page for  | FIXED     | FIXED     | (22)    |
|           |           |           |           |           |         |
| 89        | 92        | 89        |           |           | Fixed   |
| 0-942 MHz | 8-942 MHz | 0-942 MHz |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 942-960   | 942-960   | 942-960   | US268     | US268     |         |
|           |           |           | US301     | US301     |         |
| FIXED     | FIXED     | FIXED     | US302 G2  | US302     |         |
|           |           |           |           | NG120     |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| except    |           |           |           |           |         |
| aer       |           | BRO       |           |           |         |
| onautical |           | ADCASTING |           |           |         |
|           |           |           |           |           |         |
| Mobile    |           |           |           |           |         |
|           |           |           |           |           |         |
| BRO       |           |           |           |           |         |
| ADCASTING |           |           |           |           |         |
| S5.322    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.323    |           | S5.320    | 944-960   | 944-960   | Public  |
|           |           |           |           |           | Mobile  |
|           |           |           |           | FIXED     | (22)    |
|           |           |           |           |           |         |
|           |           |           |           | NG120     | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Bro     |
|           |           |           |           |           | adcast. |
|           |           |           |           |           | (74)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 960-1215  |           |           | 960-1215  |           | A       |
|           |           |           |           |           | viation |
| AER       |           |           | AER       |           | (87)    |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| RADION    |           |           | RADION    |           |         |
| AVIGATION |           |           | AVIGATION |           |         |
|           |           |           |           |           |         |
| S5.328    |           |           | S5.328    |           |         |
|           |           |           | US224     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1215-1240 |           |           | 1215-1240 | 1215-1240 |         |
|           |           |           |           |           |         |
| EARTH     |           |           | RADI      | S5.333    |         |
| EXP       |           |           | OLOCATION |           |         |
| LORATION- |           |           | S5.333    |           |         |
| SATELLITE |           |           |           |           |         |
| (active)  |           |           | G56       |           |         |
|           |           |           |           |           |         |
| RADI      |           |           | RADIONA   |           |         |
| OLOCATION |           |           | VIGATION- |           |         |
|           |           |           |           |           |         |
| RADIONA   |           |           | SATELLITE |           |         |
| VIGATION- |           |           | (space-   |           |         |
| SATELLITE |           |           | to-Earth) |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
| S5.329    |           |           |           |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           |           |           |         |
| RESEARCH  |           |           |           |           |         |
| (active)  |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.330    |           |           |           |           |         |
| S5.331    |           |           |           |           |         |
| S5.332    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1240-1260 |           |           | 1240-1300 | 1240-1300 | Amateur |
|           |           |           |           |           | (97)    |
| EARTH     |           |           | RADI      | Amateur   |         |
| EXP       |           |           | OLOCATION |           |         |
| LORATION- |           |           | S5.333    |           |         |
| SATELLITE |           |           |           |           |         |
| (active)  |           |           | G56       |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| RADIONA   |           |           |           |           |         |
| VIGATION- |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
| S5.329    |           |           |           |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           |           |           |         |
| RESEARCH  |           |           |           |           |         |
| (active)  |           |           |           |           |         |
|           |           |           |           |           |         |
| Amateur   |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.330    |           |           |           |           |         |
| S5.331    |           |           |           |           |         |
| S5.332    |           |           |           |           |         |
| S5.334    |           |           |           |           |         |
| S5.335    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1260-1300 |           |           | S5.334    | S5.282    |         |
|           |           |           |           | S5.333    |         |
| EARTH     |           |           |           | S5.334    |         |
| EXP       |           |           |           |           |         |
| LORATION- |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (active)  |           |           |           |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           |           |           |         |
| RESEARCH  |           |           |           |           |         |
| (active)  |           |           |           |           |         |
|           |           |           |           |           |         |
| Amateur   |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.282    |           |           |           |           |         |
| S5.330    |           |           |           |           |         |
| S5.331    |           |           |           |           |         |
| S5.332    |           |           |           |           |         |
| S5.334    |           |           |           |           |         |
| S5.335    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1300‑1350 |           |           | 1300‑1350 | 1300‑1350 | A       |
|           |           |           |           |           | viation |
| AER       |           |           | AER       | AER       | (87)    |
| ONAUTICAL |           |           | ONAUTICAL | ONAUTICAL |         |
| RADION    |           |           | RADIO-    | RADIO-    |         |
| AVIGATION |           |           |           |           |         |
| S5.337    |           |           | N         | N         |         |
|           |           |           | AVIGATION | AVIGATION |         |
| Radi      |           |           | S5.337    | S5.337    |         |
| olocation |           |           |           |           |         |
|           |           |           | Radi      |           |         |
|           |           |           | olocation |           |         |
|           |           |           | G2        |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.149    |           |           | S5.149    | S5.149    |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------------------+----------+---+-----------+---------+
| 1350‑1400 | 1350‑1400             | 1        |   | 1350‑1390 |         |
|           |                       | 350‑1390 |   |           |         |
| FIXED     | RADIOLOCATION         |          |   | S5.149    |         |
|           |                       | FIXED    |   | S5.334    |         |
| MOBILE    |                       |          |   | S5.339    |         |
|           |                       | MOBILE   |   |           |         |
| RADI      |                       |          |   | US311     |         |
| OLOCATION |                       | RADIO    |   |           |         |
|           |                       | LOCATION |   |           |         |
|           |                       | G2       |   |           |         |
|           |                       |          |   |           |         |
|           |                       | S5.149   |   |           |         |
|           |                       | S5.334   |   |           |         |
|           |                       | S5.339   |   |           |         |
|           |                       |          |   |           |         |
|           |                       | US311    |   |           |         |
|           |                       | G27 G114 |   |           |         |
+-----------+-----------------------+----------+---+-----------+---------+
|           |                       | 1        |   | 1390‑1392 |         |
|           |                       | 390‑1395 |   |           |         |
|           |                       |          |   | FIXED     |         |
|           |                       |          |   |           |         |
|           |                       |          |   | MOBILE    |         |
|           |                       |          |   | except    |         |
|           |                       |          |   | aer       |         |
|           |                       |          |   | onautical |         |
|           |                       |          |   |           |         |
|           |                       |          |   | mobile    |         |
|           |                       |          |   |           |         |
|           |                       |          |   | FIXED‑    |         |
|           |                       |          |   | SATELLITE |         |
|           |                       |          |   |           |         |
|           |                       |          |   | (Earth‑   |         |
|           |                       |          |   | to‑space) |         |
|           |                       |          |   | US368     |         |
|           |                       |          |   |           |         |
|           |                       |          |   | S5.149    |         |
|           |                       |          |   | S5.339    |         |
|           |                       |          |   | US311     |         |
|           |                       |          |   | US351     |         |
+-----------+-----------------------+----------+---+-----------+---------+
|           |                       | S5.149   |   | 1392‑1395 |         |
|           |                       | S5.339   |   |           |         |
|           |                       | US311    |   | FIXED     |         |
|           |                       |          |   |           |         |
|           |                       | US351    |   | MOBILE    |         |
|           |                       |          |   | except    |         |
|           |                       |          |   | aer       |         |
|           |                       |          |   | onautical |         |
|           |                       |          |   |           |         |
|           |                       |          |   | mobile    |         |
|           |                       |          |   |           |         |
|           |                       |          |   | S5.149    |         |
|           |                       |          |   | S5.339    |         |
|           |                       |          |   | US311     |         |
|           |                       |          |   |           |         |
|           |                       |          |   | US351     |         |
+-----------+-----------------------+----------+---+-----------+---------+
| S5.149    | S5.149 S5.334 S5.339  | 1        |   |           | P       |
| S5.338    |                       | 395‑1400 |   |           | ersonal |
| S5.339    |                       |          |   |           | (95)    |
|           |                       | LAND     |   |           |         |
|           |                       | MOBILE   |   |           |         |
|           |                       | US350    |   |           |         |
|           |                       |          |   |           |         |
|           |                       | S5.149   |   |           |         |
|           |                       | S5.339   |   |           |         |
|           |                       | US311    |   |           |         |
|           |                       | US351    |   |           |         |
+-----------+-----------------------+----------+---+-----------+---------+
| 1400‑1427 |                       |          |   |           | 14      |
|           |                       |          |   |           | 00‑1427 |
| EARTH     |                       |          |   |           |         |
| EXP       |                       |          |   |           | EARTH   |
| LORATION‑ |                       |          |   |           | EXPLORA |
| SATELLITE |                       |          |   |           | TION‑SA |
| (passive) |                       |          |   |           | TELLITE |
|           |                       |          |   |           | (p      |
| RADIO     |                       |          |   |           | assive) |
| ASTRONOMY |                       |          |   |           |         |
|           |                       |          |   |           | RADIO   |
| SPACE     |                       |          |   |           | AS      |
| RESEARCH  |                       |          |   |           | TRONOMY |
| (passive) |                       |          |   |           | US74    |
|           |                       |          |   |           |         |
| S5.340    |                       |          |   |           | SPACE   |
| S5.341    |                       |          |   |           | R       |
|           |                       |          |   |           | ESEARCH |
|           |                       |          |   |           | (p      |
|           |                       |          |   |           | assive) |
|           |                       |          |   |           |         |
|           |                       |          |   |           | S5.341  |
|           |                       |          |   |           | US246   |
+-----------+-----------------------+----------+---+-----------+---------+
| 1427‑1429 |                       | 142      | 1 |           | Private |
|           |                       | 7‑1429.5 | 4 |           | Land    |
| SPACE     |                       |          | 2 |           | Mobile  |
| OPERATION |                       | LAND     | 7 |           | (90)    |
| (Earth‑   |                       | MOBILE   | ‑ |           |         |
| to‑space) |                       | US350    | 1 |           | P       |
|           |                       |          | 4 |           | ersonal |
| FIXED     |                       |          | 2 |           | (95)    |
|           |                       |          | 9 |           |         |
| MOBILE    |                       |          | . |           |         |
| except    |                       |          | 5 |           |         |
| aer       |                       |          |   |           |         |
| onautical |                       |          | L |           |         |
| mobile    |                       |          | A |           |         |
|           |                       |          | N |           |         |
| S5.341    |                       |          | D |           |         |
|           |                       |          | M |           |         |
|           |                       |          | O |           |         |
|           |                       |          | B |           |         |
|           |                       |          | I |           |         |
|           |                       |          | L |           |         |
|           |                       |          | E |           |         |
|           |                       |          | U |           |         |
|           |                       |          | S |           |         |
|           |                       |          | 3 |           |         |
|           |                       |          | 5 |           |         |
|           |                       |          | 0 |           |         |
|           |                       |          |   |           |         |
|           |                       |          | F |           |         |
|           |                       |          | i |           |         |
|           |                       |          | x |           |         |
|           |                       |          | e |           |         |
|           |                       |          | d |           |         |
|           |                       |          | ( |           |         |
|           |                       |          | t |           |         |
|           |                       |          | e |           |         |
|           |                       |          | l |           |         |
|           |                       |          | e |           |         |
|           |                       |          | m |           |         |
|           |                       |          | e |           |         |
|           |                       |          | t |           |         |
|           |                       |          | r |           |         |
|           |                       |          | y |           |         |
|           |                       |          | ) |           |         |
+-----------+-----------------------+----------+---+-----------+---------+
| See next  |                       | S5.341   | S |           |         |
| page for  |                       | US352    | 5 |           |         |
| 1429      |                       |          | . |           |         |
| ‑1452 MHz |                       |          | 3 |           |         |
|           |                       |          | 4 |           |         |
|           |                       |          | 1 |           |         |
|           |                       |          | U |           |         |
|           |                       |          | S |           |         |
|           |                       |          | 3 |           |         |
|           |                       |          | 5 |           |         |
|           |                       |          | 2 |           |         |
+-----------+-----------------------+----------+---+-----------+---------+
|           |                       | See next | 1 |           | Private |
|           |                       | page for | 4 |           | Land    |
|           |                       | 142      | 2 |           | Mobile  |
|           |                       | 9.5‑1432 | 9 |           | (90)    |
|           |                       |          | . |           |         |
|           |                       |          | 5 |           |         |
|           |                       |          | ‑ |           |         |
|           |                       |          | 1 |           |         |
|           |                       |          | 4 |           |         |
|           |                       |          | 3 |           |         |
|           |                       |          | 0 |           |         |
|           |                       |          |   |           |         |
|           |                       |          | F |           |         |
|           |                       |          | I |           |         |
|           |                       |          | X |           |         |
|           |                       |          | E |           |         |
|           |                       |          | D |           |         |
|           |                       |          | ( |           |         |
|           |                       |          | t |           |         |
|           |                       |          | e |           |         |
|           |                       |          | l |           |         |
|           |                       |          | e |           |         |
|           |                       |          | m |           |         |
|           |                       |          | e |           |         |
|           |                       |          | t |           |         |
|           |                       |          | r |           |         |
|           |                       |          | y |           |         |
|           |                       |          | ) |           |         |
|           |                       |          |   |           |         |
|           |                       |          | L |           |         |
|           |                       |          | A |           |         |
|           |                       |          | N |           |         |
|           |                       |          | D |           |         |
|           |                       |          | M |           |         |
|           |                       |          | O |           |         |
|           |                       |          | B |           |         |
|           |                       |          | I |           |         |
|           |                       |          | L |           |         |
|           |                       |          | E |           |         |
|           |                       |          | ( |           |         |
|           |                       |          | t |           |         |
|           |                       |          | e |           |         |
|           |                       |          | l |           |         |
|           |                       |          | e |           |         |
|           |                       |          | m |           |         |
|           |                       |          | e |           |         |
|           |                       |          | t |           |         |
|           |                       |          | r |           |         |
|           |                       |          | y |           |         |
|           |                       |          | ) |           |         |
|           |                       |          |   |           |         |
|           |                       |          | S |           |         |
|           |                       |          | 5 |           |         |
|           |                       |          | . |           |         |
|           |                       |          | 3 |           |         |
|           |                       |          | 4 |           |         |
|           |                       |          | 1 |           |         |
|           |                       |          | U |           |         |
|           |                       |          | S |           |         |
|           |                       |          | 3 |           |         |
|           |                       |          | 5 |           |         |
|           |                       |          | 2 |           |         |
+-----------+-----------------------+----------+---+-----------+---------+

+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1430      |           |           |           |   |           | Page 43 |
| ‑1610 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 |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1429‑1452 | 1429‑1452 |           | 14        | S |           | See     |
|           |           |           | 29.5‑1432 | e |           | p       |
| FIXED     | FIXED     |           |           | e |           | revious |
|           |           |           |           | p |           | page    |
| MOBILE    | MOBILE    |           |           | r |           |         |
| except    | S5.343    |           |           | e |           |         |
| aer       |           |           |           | v |           |         |
| onautical |           |           |           | i |           |         |
|           |           |           |           | o |           |         |
| mobile    |           |           |           | u |           |         |
|           |           |           |           | s |           |         |
|           |           |           |           | p |           |         |
|           |           |           |           | a |           |         |
|           |           |           |           | g |           |         |
|           |           |           |           | e |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
|           |           |           | S5.341    | 1 |           | Private |
|           |           |           | US352     | 4 |           | Land    |
|           |           |           |           | 3 |           | Mobile  |
|           |           |           |           | 0 |           | (90)    |
|           |           |           |           | ‑ |           |         |
|           |           |           |           | 1 |           |         |
|           |           |           |           | 4 |           |         |
|           |           |           |           | 3 |           |         |
|           |           |           |           | 2 |           |         |
|           |           |           |           |   |           |         |
|           |           |           |           | F |           |         |
|           |           |           |           | I |           |         |
|           |           |           |           | X |           |         |
|           |           |           |           | E |           |         |
|           |           |           |           | D |           |         |
|           |           |           |           | ( |           |         |
|           |           |           |           | t |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | l |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | m |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | t |           |         |
|           |           |           |           | r |           |         |
|           |           |           |           | y |           |         |
|           |           |           |           | ) |           |         |
|           |           |           |           |   |           |         |
|           |           |           |           | L |           |         |
|           |           |           |           | A |           |         |
|           |           |           |           | N |           |         |
|           |           |           |           | D |           |         |
|           |           |           |           | M |           |         |
|           |           |           |           | O |           |         |
|           |           |           |           | B |           |         |
|           |           |           |           | I |           |         |
|           |           |           |           | L |           |         |
|           |           |           |           | E |           |         |
|           |           |           |           | ( |           |         |
|           |           |           |           | t |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | l |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | m |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | t |           |         |
|           |           |           |           | r |           |         |
|           |           |           |           | y |           |         |
|           |           |           |           | ) |           |         |
|           |           |           |           |   |           |         |
|           |           |           |           | F |           |         |
|           |           |           |           | I |           |         |
|           |           |           |           | X |           |         |
|           |           |           |           | E |           |         |
|           |           |           |           | D |           |         |
|           |           |           |           | ‑ |           |         |
|           |           |           |           | S |           |         |
|           |           |           |           | A |           |         |
|           |           |           |           | T |           |         |
|           |           |           |           | E |           |         |
|           |           |           |           | L |           |         |
|           |           |           |           | L |           |         |
|           |           |           |           | I |           |         |
|           |           |           |           | T |           |         |
|           |           |           |           | E |           |         |
|           |           |           |           |   |           |         |
|           |           |           |           | ( |           |         |
|           |           |           |           | s |           |         |
|           |           |           |           | p |           |         |
|           |           |           |           | a |           |         |
|           |           |           |           | c |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | ‑ |           |         |
|           |           |           |           | t |           |         |
|           |           |           |           | o |           |         |
|           |           |           |           | ‑ |           |         |
|           |           |           |           | E |           |         |
|           |           |           |           | a |           |         |
|           |           |           |           | r |           |         |
|           |           |           |           | t |           |         |
|           |           |           |           | h |           |         |
|           |           |           |           | ) |           |         |
|           |           |           |           | U |           |         |
|           |           |           |           | S |           |         |
|           |           |           |           | 3 |           |         |
|           |           |           |           | 6 |           |         |
|           |           |           |           | 8 |           |         |
|           |           |           |           |   |           |         |
|           |           |           |           | S |           |         |
|           |           |           |           | 5 |           |         |
|           |           |           |           | . |           |         |
|           |           |           |           | 3 |           |         |
|           |           |           |           | 4 |           |         |
|           |           |           |           | 1 |           |         |
|           |           |           |           | U |           |         |
|           |           |           |           | S |           |         |
|           |           |           |           | 3 |           |         |
|           |           |           |           | 5 |           |         |
|           |           |           |           | 2 |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
|           |           |           | 1432‑1435 |   | 1432‑1435 |         |
|           |           |           |           |   |           |         |
|           |           |           | S5.341    |   | FIXED     |         |
|           |           |           | US361     |   |           |         |
|           |           |           |           |   | MOBILE    |         |
|           |           |           |           |   | except    |         |
|           |           |           |           |   | aer       |         |
|           |           |           |           |   | onautical |         |
|           |           |           |           |   |           |         |
|           |           |           |           |   | mobile    |         |
|           |           |           |           |   |           |         |
|           |           |           |           |   | S5.341    |         |
|           |           |           |           |   | US361     |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| S5.341    | S5.341    |           | 1435‑1525 |   |           | A       |
| S5.342    |           |           |           |   |           | viation |
|           |           |           | MOBILE    |   |           | (87)    |
|           |           |           | (aer      |   |           |         |
|           |           |           | onautical |   |           |         |
|           |           |           | t         |   |           |         |
|           |           |           | elemetry) |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1452‑1492 | 1452‑1492 |           |           |   |           |         |
|           |           |           |           |   |           |         |
| FIXED     | FIXED     |           |           |   |           |         |
|           |           |           |           |   |           |         |
| MOBILE    | MOBILE    |           |           |   |           |         |
| except    | S5.343    |           |           |   |           |         |
| aer       |           |           |           |   |           |         |
| onautical | BRO       |           |           |   |           |         |
|           | ADCASTING |           |           |   |           |         |
| mobile    | S5.345    |           |           |   |           |         |
|           | S5.347    |           |           |   |           |         |
| BRO       |           |           |           |   |           |         |
| ADCASTING | BROA      |           |           |   |           |         |
| S5.345    | DCASTING‑ |           |           |   |           |         |
|           | SATELLITE |           |           |   |           |         |
| S5.347    | S5.345    |           |           |   |           |         |
|           | S5.347    |           |           |   |           |         |
| BROA      |           |           |           |   |           |         |
| DCASTING‑ | S5.341    |           |           |   |           |         |
|           | S5.344    |           |           |   |           |         |
| SATELLITE |           |           |           |   |           |         |
| S5.345    |           |           |           |   |           |         |
| S5.347    |           |           |           |   |           |         |
|           |           |           |           |   |           |         |
| S5.341    |           |           |           |   |           |         |
| S5.342    |           |           |           |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
|           |           |           |           |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1492‑1525 | 1492‑1525 | 1492‑1525 | S5.341    |   |           |         |
|           |           |           | US78      |   |           |         |
| FIXED     | FIXED     | FIXED     |           |   |           |         |
|           |           |           |           |   |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |   |           |         |
| except    | S5.343    |           |           |   |           |         |
| aer       |           | S5.341    |           |   |           |         |
| onautical | MOBILE‑   | S5.348A   |           |   |           |         |
|           | SATELLITE |           |           |   |           |         |
| mobile    |           |           |           |   |           |         |
|           | (space‑   |           |           |   |           |         |
| S5.341    | to‑Earth) |           |           |   |           |         |
| S5.342    | S5.348A   |           |           |   |           |         |
|           |           |           |           |   |           |         |
|           | S5.341    |           |           |   |           |         |
|           | S5.344    |           |           |   |           |         |
|           | S5.348    |           |           |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1525‑1530 | 1525‑1530 | 1525‑1530 | 1525‑1530 |   |           | Sa      |
|           |           |           |           |   |           | tellite |
| SPACE     | SPACE     | SPACE     | MOBILE‑   |   |           |         |
| OPERATION | OPERATION | OPERATION | SATELLITE |   |           | Communi |
|           |           |           | (space‑   |   |           | cations |
| (space‑   | (space‑   | (space‑   | to‑Earth) |   |           | (25)    |
| to‑Earth) | to‑Earth) | to‑Earth) |           |   |           |         |
|           |           |           | Mobile    |   |           | A       |
| FIXED     | MOBILE‑   | FIXED     | (aer      |   |           | viation |
|           | SATELLITE |           | onautical |   |           | (87)    |
| MOBILE‑   |           | MOBILE‑   | t         |   |           |         |
| SATELLITE | (space‑   | SATELLITE | elemetry) |   |           |         |
|           | to‑Earth) |           |           |   |           |         |
| (space‑   |           | (space‑   | S5.341    |   |           |         |
| to‑Earth) | Earth     | to‑Earth) | S5.351    |   |           |         |
|           | exp       |           | US78      |   |           |         |
| Earth     | loration‑ | Earth     |           |   |           |         |
| exp       | satellite | exp       |           |   |           |         |
| loration‑ |           | loration‑ |           |   |           |         |
| satellite | Fixed     | satellite |           |   |           |         |
|           |           |           |           |   |           |         |
| Mobile    | Mobile    | Mobile    |           |   |           |         |
| except    | S5.343    | S5.349    |           |   |           |         |
| aer       |           |           |           |   |           |         |
| onautical | S5.341    | S5.341    |           |   |           |         |
|           | S5.351    | S5.351    |           |   |           |         |
| mobile    | S5.354    | S5.352A   |           |   |           |         |
| S5.349    |           | S5.354    |           |   |           |         |
|           |           |           |           |   |           |         |
| S5.341    |           |           |           |   |           |         |
| S5.342    |           |           |           |   |           |         |
| S5.350    |           |           |           |   |           |         |
| S5.351    |           |           |           |   |           |         |
| S5.352A   |           |           |           |   |           |         |
| S5.354    |           |           |           |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 1670      |           |           |           |           | Page 47 |
| ‑2110 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 | 1670‑1675 |         |
|           |           |           |           |           |         |
| METEO     |           |           | S5.341    | FIXED     |         |
| ROLOGICAL |           |           | US211     |           |         |
| AIDS      |           |           | US362     | MOBILE    |         |
|           |           |           |           | except    |         |
| FIXED     |           |           |           | aer       |         |
|           |           |           |           | onautical |         |
| METEOR    |           |           |           |           |         |
| OLOGICAL‑ |           |           |           | mobile    |         |
| SATELLITE |           |           |           |           |         |
| (space‑   |           |           |           | S5.341    |         |
| to‑Earth) |           |           |           | US211     |         |
|           |           |           |           | US362     |         |
| MOBILE    |           |           |           |           |         |
| S5.380    |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.341    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 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) |           |         |
|           |           |           |           |           |         |
| M         | M         | M         | METEOR    |           |         |
| ETEOROLOG | ETEOROLOG | ETEOROLOG | OLOGICAL‑ |           |         |
| ICAL‑SAT‑ | ICAL‑SAT‑ | ICAL‑SAT‑ | SATELLITE |           |         |
|           |           |           | (space‑   |           |         |
| ELLITE    | ELLITE    | ELLITE    | to‑Earth) |           |         |
| (space‑   | (space‑   | (space‑   |           |           |         |
| to‑Earth) | to‑Earth) | to‑Earth) |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| except    | except    | except    |           |           |         |
| aer       | aer       | aer       |           |           |         |
| onautical | onautical | onautical |           |           |         |
|           |           |           |           |           |         |
| mobile    | mobile    | mobile    |           |           |         |
|           |           |           |           |           |         |
| S5.341    | MOBILE‑   | S5.341    |           |           |         |
|           | SATELLITE |           |           |           |         |
|           |           |           |           |           |         |
|           | (Earth‑   |           |           |           |         |
|           | to‑space) |           |           |           |         |
|           |           |           |           |           |         |
|           | S5.341    |           |           |           |         |
|           | S5.377    |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1690‑1700 | 1690‑1700 | 1690‑1700 | S5.289    |           |         |
|           |           |           | S5.341    |           |         |
| METEO     | METEO     | METEO     | US211     |           |         |
| ROLOGICAL | ROLOGICAL | ROLOGICAL |           |           |         |
| AIDS      | AIDS      | AIDS      |           |           |         |
|           |           |           |           |           |         |
| M         | M         | M         |           |           |         |
| ETEOROLOG | ETEOROLOG | ETEOROLOG |           |           |         |
| ICAL‑SAT‑ | ICAL‑SAT‑ | ICAL‑SAT‑ |           |           |         |
|           |           |           |           |           |         |
| ELLITE    | ELLITE    | ELLITE    |           |           |         |
| (space‑   | (space‑   | (space‑   |           |           |         |
| to‑Earth) | to‑Earth) | to‑Earth) |           |           |         |
|           |           |           |           |           |         |
| Fixed     | MOBILE‑   | S5.289    |           |           |         |
|           | SATELLITE | S5.341    |           |           |         |
| Mobile    |           | S5.381    |           |           |         |
| except    | (Earth‑   |           |           |           |         |
| aer       | to‑space) |           |           |           |         |
| onautical |           |           |           |           |         |
|           | S5.289    |           |           |           |         |
| mobile    | S5.341    |           |           |           |         |
|           | S5.377    |           |           |           |         |
| S5.289    | S5.381    |           |           |           |         |
| S5.341    |           |           |           |           |         |
| S5.382    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1700‑1710 | 1700‑1710 | 1700‑1710 | 1700‑1710 | 1700‑1710 |         |
|           |           |           |           | M         |         |
| FIXED     | FIXED     | FIXED     | FIXED     | ETEOROLOG |         |
|           |           |           | G118      | ICAL‑SAT‑ |         |
| M         | M         | M         |           |           |         |
| ETEOROLOG | ETEOROLOG | ETEOROLOG | M         | ELLITE    |         |
| ICAL‑SAT‑ | ICAL‑SAT‑ | ICAL‑SAT‑ | ETEOROLOG | (space‑   |         |
|           |           |           | ICAL‑SAT‑ | to‑Earth) |         |
| ELLITE    | ELLITE    | ELLITE    |           |           |         |
| (space‑   | (space‑   | (space‑   | ELLITE    | Fixed     |         |
| to‑Earth) | to‑Earth) | to‑Earth) | (space‑   |           |         |
|           |           |           | to‑Earth) | S5.289    |         |
| MOBILE    | MOBILE    | MOBILE    |           | S5.341    |         |
| except    | except    | except    | S5.289    |           |         |
| aer       | aer       | aer       | S5.341    |           |         |
| onautical | onautical | onautical |           |           |         |
|           |           |           |           |           |         |
| mobile    | mobile    | mobile    |           |           |         |
|           |           |           |           |           |         |
| S5.289    | MOBILE‑   | S5.289    |           |           |         |
| S5.341    | SATELLITE | S5.341    |           |           |         |
|           | (Earth‑   | S5.384    |           |           |         |
|           |           |           |           |           |         |
|           | To‑space) |           |           |           |         |
|           |           |           |           |           |         |
|           | S5.289    |           |           |           |         |
|           | S5.341    |           |           |           |         |
|           | S5.377    |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1710‑1930 |           |           | 1710‑1755 | 1710‑1755 | Note:   |
|           |           |           |           |           | P       |
| FIXED     |           |           | FIXED     | S5.341    | roceeds |
|           |           |           |           | US256     | from    |
| MOBILE    |           |           | MOBILE    |           | the     |
| S5.380    |           |           |           |           | auction |
|           |           |           | S5.341    |           | of the  |
|           |           |           | US256     |           | 1710‑1  |
|           |           |           |           |           | 755 MHz |
|           |           |           |           |           | mi      |
|           |           |           |           |           | xed‑use |
|           |           |           |           |           | band    |
|           |           |           |           |           | are to  |
|           |           |           |           |           | be      |
|           |           |           |           |           | de      |
|           |           |           |           |           | posited |
|           |           |           |           |           | not     |
|           |           |           |           |           | later   |
|           |           |           |           |           | than    |
|           |           |           |           |           | Se      |
|           |           |           |           |           | ptember |
|           |           |           |           |           | 30,     |
|           |           |           |           |           | 2002.   |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------------------+-----------+-----------+---------+
| S5.392    |                       | MOBILE    | US303     |         |
|           |                       | (line     |           |         |
|           |                       | ‑of‑sight |           |         |
|           |                       | only      |           |         |
|           |                       |           |           |         |
|           |                       | including |           |         |
|           |                       | aer       |           |         |
|           |                       | onautical |           |         |
|           |                       | tele‑     |           |         |
|           |                       |           |           |         |
|           |                       | metry,    |           |         |
|           |                       | but       |           |         |
|           |                       | excluding |           |         |
|           |                       | flight    |           |         |
|           |                       |           |           |         |
|           |                       | testing   |           |         |
|           |                       | of manned |           |         |
|           |                       | aircraft) |           |         |
|           |                       |           |           |         |
|           |                       | SPACE     |           |         |
|           |                       | RESEARCH  |           |         |
|           |                       | (space-   |           |         |
|           |                       |           |           |         |
|           |                       | to‑Earth) |           |         |
|           |                       | (space‑   |           |         |
|           |                       | to‑space) |           |         |
|           |                       |           |           |         |
|           |                       | S5.392    |           |         |
|           |                       | US303     |           |         |
+-----------+-----------------------+-----------+-----------+---------+
| 2290‑2300 |                       | 2290‑2300 | 2290‑2300 |         |
|           |                       |           |           |         |
| FIXED     |                       | FIXED     | SPACE     |         |
|           |                       |           | RESEARCH  |         |
| MOBILE    |                       | MOBILE    | (deep     |         |
| except    |                       | except    |           |         |
| aer       |                       | aer       | space)    |         |
| onautical |                       | onautical | (space‑   |         |
| mobile    |                       |           | to‑Earth) |         |
|           |                       | mobile    |           |         |
| SPACE     |                       |           |           |         |
| RESEARCH  |                       | SPACE     |           |         |
| (deep     |                       | RESEARCH  |           |         |
| space)    |                       | (deep     |           |         |
| (space‑   |                       |           |           |         |
| to‑Earth) |                       | space)    |           |         |
|           |                       | (space‑   |           |         |
|           |                       | to‑Earth) |           |         |
+-----------+-----------------------+-----------+-----------+---------+
| 2300‑2450 | 2300‑2450             | 2300‑2305 | 2300‑2305 | Amateur |
|           |                       |           |           | (97)    |
| FIXED     | FIXED                 |           | Amateur   |         |
|           |                       |           |           | Note:   |
| MOBILE    | MOBILE                |           |           | 2300‑2  |
|           |                       |           |           | 305 MHz |
| Amateur   | RADIOLOCATION         |           |           | became  |
|           |                       |           |           | non‑    |
| Radi      | Amateur               |           |           | Federal |
| olocation |                       |           |           | Gov     |
|           |                       |           |           | ernment |
|           |                       |           |           | ex      |
|           |                       |           |           | clusive |
|           |                       |           |           | s       |
|           |                       |           |           | pectrum |
|           |                       |           |           | in      |
|           |                       |           |           | August  |
|           |                       |           |           | 1995    |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       | 2305‑2310 | 2305‑2310 | W       |
|           |                       |           |           | ireless |
|           |                       | US338     | FIXED     |         |
|           |                       |           |           | Communi |
|           |                       |           | MOBILE    | cations |
|           |                       |           | except    | (27)    |
|           |                       |           | aer       |         |
|           |                       |           | onautical | Amateur |
|           |                       |           |           | (97)    |
|           |                       |           | mobile    |         |
|           |                       |           |           |         |
|           |                       |           | RADI      |         |
|           |                       |           | OLOCATION |         |
|           |                       |           |           |         |
|           |                       |           | Amateur   |         |
|           |                       |           |           |         |
|           |                       |           | US338     |         |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       | 2310‑2360 | 2310‑2320 | W       |
|           |                       |           |           | ireless |
|           |                       | Fixed     | FIXED     |         |
|           |                       |           |           | Communi |
|           |                       | Mobile    | MOBILE    | cations |
|           |                       | US339     | US339     | (27)    |
|           |                       |           |           |         |
|           |                       | Radi      | RADI      |         |
|           |                       | olocation | OLOCATION |         |
|           |                       | G2 G120   |           |         |
|           |                       |           | BROA      |         |
|           |                       |           | DCASTING‑ |         |
|           |                       |           |           |         |
|           |                       |           | SATELLITE |         |
|           |                       |           | US327     |         |
|           |                       |           |           |         |
|           |                       |           | S5.396    |         |
|           |                       |           | US338     |         |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       |           | 2320‑2345 | Sa      |
|           |                       |           | BROA      | tellite |
|           |                       |           | DCASTING‑ |         |
|           |                       |           |           | Communi |
|           |                       |           | SATELLITE | cations |
|           |                       |           | US327     | (25)    |
|           |                       |           |           |         |
|           |                       |           | Mobile    |         |
|           |                       |           | US276     |         |
|           |                       |           | US328     |         |
|           |                       |           |           |         |
|           |                       |           | S5.396    |         |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       | S5.396    | See next  | See     |
|           |                       | US327     | page for  | next    |
|           |                       | US328     |           | page    |
|           |                       |           | 2345      | for     |
|           |                       |           | ‑2450 MHz |         |
|           |                       |           |           | 2345‑2  |
|           |                       |           |           | 450 MHz |
+-----------+-----------------------+-----------+-----------+---------+
| S5.150    | S5.150 S5.282 S5.393  | See next  |           |         |
| S5.282    | S5.394 S5.396         | page      |           |         |
| S5.395    |                       |           |           |         |
+-----------+-----------------------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 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       |           |           | See       | 2345‑2360 | W       |
| previous  |           |           | previous  |           | ireless |
| page for  |           |           | page for  | FIXED     |         |
| 2300      |           |           |           |           | Communi |
| ‑2450 MHz |           |           | 2310      | MOBILE    | cations |
|           |           |           | ‑2360 MHz | US339     | (27)    |
|           |           |           |           |           |         |
|           |           |           |           | RADI      |         |
|           |           |           |           | OLOCATION |         |
|           |           |           |           |           |         |
|           |           |           |           | BROA      |         |
|           |           |           |           | DCASTING‑ |         |
|           |           |           |           |           |         |
|           |           |           |           | SATELLITE |         |
|           |           |           |           | US327     |         |
|           |           |           |           |           |         |
|           |           |           |           | S5.396    |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2360‑2385 | 2360‑2385 |         |
|           |           |           |           |           |         |
|           |           |           | MOBILE    | MOBILE    |         |
|           |           |           | US276     | US276     |         |
|           |           |           |           |           |         |
|           |           |           | RADI      |           |         |
|           |           |           | OLOCATION |           |         |
|           |           |           | G2        |           |         |
|           |           |           |           |           |         |
|           |           |           | Fixed     |           |         |
|           |           |           |           |           |         |
|           |           |           | G120      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2385‑2390 | 2385‑2390 |         |
|           |           |           |           |           |         |
|           |           |           | US363     | FIXED     |         |
|           |           |           |           |           |         |
|           |           |           |           | MOBILE    |         |
|           |           |           |           | NG174     |         |
|           |           |           |           |           |         |
|           |           |           |           | US363     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2390‑2400 | 2390‑2400 | RF      |
|           |           |           |           |           | Devices |
|           |           |           | G122      | AMATEUR   | (15)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Amateur |
|           |           |           |           |           | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2400‑2402 | 2400‑2402 | ISM     |
|           |           |           |           |           | Eq      |
|           |           |           | S5.150    | Amateur   | uipment |
|           |           |           |           |           | (18)    |
|           |           |           |           | S5.150    |         |
|           |           |           |           | S5.282    | Amateur |
|           |           |           |           |           | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2402‑2417 | 2402‑2417 | RF      |
|           |           |           |           |           | Devices |
|           |           |           | S5.150    | AMATEUR   | (15)    |
|           |           |           | G122      |           |         |
|           |           |           |           | S5.150    | ISM     |
|           |           |           |           | S5.282    | Eq      |
|           |           |           |           |           | uipment |
|           |           |           |           |           | (18)    |
|           |           |           |           |           | Amateur |
|           |           |           |           |           | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2417‑2450 | 2417‑2450 | ISM     |
|           |           |           |           |           | Eq      |
|           |           |           | Radi      | Amateur   | uipment |
|           |           |           | olocation |           | (18)    |
|           |           |           | G2        | S5.150    |         |
|           |           |           |           | S5.282    | Amateur |
|           |           |           | S5.150    |           | (97)    |
|           |           |           | G124      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 24        | 24        |           |           | 24        | 2450    |
| 50‑2483.5 | 50‑2483.5 |           |           | 50‑2483.5 | ‑2483.5 |
|           |           |           |           |           |         |
| FIXED     | FIXED     |           |           | S5.150    | FIXED   |
|           |           |           |           | US41      |         |
| MOBILE    | MOBILE    |           |           |           | MOBILE  |
|           |           |           |           |           |         |
| Radi      | RADI      |           |           |           | Radiol  |
| olocation | OLOCATION |           |           |           | ocation |
|           |           |           |           |           |         |
| S5.150    | S5.150    |           |           |           | S5.150  |
| S5.397    | S5.394    |           |           |           | US41    |
+-----------+-----------+-----------+-----------+-----------+---------+

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US210 In the sub‑band 40.66‑40.7 MHz, frequencies may be authorized to
Government and non‑Government stations on a secondary basis for the
tracking of, and telemetering of scientific data from, ocean buoys and
wildlife. Operation in this sub‑band is subject to the technical
standards specified in: (a) Section 8.2.42 of the NTIA Manual for
Government use, or (b) 47 C.F.R. § 90.248 for non‑Government use.

\* \* \* \* \*

US229 In the band 216-220 MHz, the fixed, aeronautical mobile, land
mobile, and radiolocation services are allocated on a secondary basis
for Government operations. The use of the fixed, aeronautical mobile,
and land mobile services shall be limited to telemetering and associated
telecommand operations. After January 1, 2002, no new assignments shall
be authorized in the band 216-217 MHz. Further, Government and
non-Government assignments in the sub-band 216.88-217.08 MHz shall
protect the Navy\'s SPASUR system, which operates on a primary basis at
the following sites:

+-------------+------------+-------+-------------+------------+-------+
| Transmit    |            |       | Receive     |            |       |
| Frequency   |            |       | Frequencies |            |       |
| of          |            |       | of          |            |       |
| 216.98 MHz  |            |       | 216.965‑    |            |       |
|             |            |       | 216.995 MHz |            |       |
+-------------+------------+-------+-------------+------------+-------+
| Location    | North      | Prote | Location    | North      | Prote |
|             | Latitude/  | ction |             | Latitude/  | ction |
|             |            | R     |             |            | R     |
|             | West       | adius |             | West       | adius |
|             | Longitude  |       |             | Longitude  |       |
+-------------+------------+-------+-------------+------------+-------+
| Lake        | 33° 32\' / | 250   | San Diego,  | 32° 34\' / | 50 km |
| Kickapoo,   | 098° 45\'  | km    | CA          | 116° 58\'  |       |
| TX          |            |       |             |            |       |
+-------------+------------+-------+-------------+------------+-------+
| Jordan      | 32° 39\' / | 150   | Elephant    | 33° 26\' / | 50 km |
| Lake, AL    | 086° 15\'  | km    | Butte, NM   | 106° 59\'  |       |
+-------------+------------+-------+-------------+------------+-------+
| Gila River, | 33° 06\' / | 150   | Red River,  | 33° 19\' / | 50 km |
| AZ          | 112° 01\'  | km    | AR          | 093° 33\'  |       |
+-------------+------------+-------+-------------+------------+-------+
|             |            |       | Silver      | 33° 08\' / | 50 km |
|             |            |       | Lake, MO    | 091° 01\'  |       |
+-------------+------------+-------+-------------+------------+-------+
|             |            |       | Ha          | 32° 17\' / | 50 km |
|             |            |       | wkinsville, | 083° 32\'  |       |
|             |            |       | GA          |            |       |
+-------------+------------+-------+-------------+------------+-------+
|             |            |       | Fort        | 31° 58\' / | 50 km |
|             |            |       | Stewart, GA | 081° 30\'  |       |
+-------------+------------+-------+-------------+------------+-------+

\* \* \* \* \*

US276 Except as otherwise provided for herein, use of the bands
2320‑2345 MHz and 2360‑2385 MHz by the mobile service is limited to
aeronautical telemetering and associated telecommand operations for
flight testing of manned or unmanned aircraft, missiles or major
components thereof. The following four frequencies are shared on a
co‑equal basis by Government and non‑Government stations for
telemetering and associated telecommand operations of expendable and
reusable launch vehicles whether or not such operations involve flight
testing: 2332.5 MHz, 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz. All other
mobile telemetering uses shall be secondary to the above uses.

\* \* \* \* \*

US311 Radio astronomy observations may be made in the band 1350‑1400 MHz
on an unprotected basis at the following radio astronomy observatories:

  -------------------------------- --------------- ----------------------
  Allen Telescope Array, Hat       80 kilometers   
  Creek, California                (50 mile)       
                                   radius centered 
                                   on latitude     
                                   40° 49\' W,     
                                   longitude       
                                   121° 28\' N.    

  Hat Creek Observatory, Hat       Rectangle       
  Creek, California                between         
                                   latitudes 40°   
                                   00\' N and      
                                   42° 00\' N and  
                                   between         
                                   longitudes      
                                   120° 15\' W and 
                                   122° 15\' W.    

  NASA Facilities, Goldstone,      80 kilometers   
  California                       (50 mile)       
                                   radius centered 
                                   on latitude     
                                   35° 18\' W,     
                                   longitude       
                                   116° 54\' N.    

  National Astronomy and           Rectangle       
  Ionosphere Center, Arecibo,      between         
  Puerto Rico                      latitudes       
                                   17° 30\' N and  
                                   19° 00\' N and  
                                   between         
                                   longitudes      
                                   65° 10\' W and  
                                   68° 00\' W.     

  National Radio Astronomy         Rectangle       
  Observatory, Socorro, New Mexico between         
                                   latitudes       
                                   32° 30\' N and  
                                   35° 30\' N and  
                                   between         
                                   longitudes      
                                   106° 00\' W and 
                                   109° 00\' W.    

  National Radio Astronomy         Rectangle       
  Observatory, Green Bank, West    between         
  Virginia                         latitudes 37°   
                                   30\' N and      
                                   39° 15\' N and  
                                   between         
                                   longitudes      
                                   78° 30\' W and  
                                   80° 30\' W.     

  National Radio Astronomy         80 kilometers   
  Observatory, Very Long Baseline  (50 mile)       
  Array Stations                   radius centered 
                                   on:             

                                   Latitude        Longitude (West)
                                   (North)         

  Brewster, WA                     48° 08\'        119° 41\'

  Fort Davis, TX                   30° 38\'        103° 57\'

  Hancock, NH                      42° 56\'        71° 59\'

  Kitt Peak, AZ                    31° 57\'        111° 37\'

  Los Alamos, NM                   35° 47\'        106° 15\'

  Mauna Kea, HI                    19° 48\'        155° 27\'

  North Liberty, IA                41° 46\'        91° 34\'

  Owens Valley, CA                 37° 14\'        118° 17\'

  Pie Town, NM                     34° 18\'        108° 07\'

  Saint Croix, VI                  17° 46\'        64° 35\'

  Owens Valley Radio Observatory,  Two contiguous  
  Big Pine, California             rectangles, one 
                                   between         
                                   latitudes 36°   
                                   00\' N and      
                                   37° 00\' N and  
                                   between         
                                   longitudes      
                                   117° 40\' W and 
                                   118° 30\' W and 
                                   the second      
                                   between         
                                   latitudes 37°   
                                   00\' N and      
                                   38° 00\' N and  
                                   between         
                                   longitudes      
                                   118° 00\' W and 
                                   118° 50\' W.    
  -------------------------------- --------------- ----------------------

Every practicable effort will be made to avoid the assignment of
frequencies in the band 1350‑1400 MHz to stations in the fixed and
mobile services that could interfere with radio astronomy observations
within the geographic areas given above. In addition, every practicable
effort will be made to avoid assignment of frequencies in these bands to
stations in the aeronautical mobile service which operate outside of
those geographic areas, but which may cause harmful interference to the
listed observatories. Should such assignments result in harmful
interference to these observatories, the situation will be remedied to
the extent practicable.

\* \* \* \* \*

US350 The use of the bands 608‑614 MHz, 1395‑1400 MHz, and
1427‑1429.5 MHz by the Government and non‑Government land mobile service
is limited to medical telemetry and medical telecommand operations,
except that non-Government land mobile use is permitted for non-medical
telemetry and telecommand operations on a secondary basis in the band
1427-1429.5 MHz.

\* \* \* \* \*

US352 In the band 1427‑1432 MHz, Government operations, except for
medical telemetry and medical telecommand operations, are on a
non-interference basis to authorized non‑Government operations and shall
not hinder the implementation of any non‑Government operations. However,
Government operations authorized as of March 22, 1995 at the 14 sites
identified below may continue on a fully protected basis until January
1, 2004:

+----------------+-----------+------+-------------+-----------+------+
| Location       | North     | O    | Location    | North     | O    |
|                | Latitude/ | pera |             | Latitude/ | pera |
|                | West      | ting |             | West      | ting |
|                | Longitude |      |             | Longitude |      |
|                |           | Ra   |             |           | Ra   |
|                |           | dius |             |           | dius |
+================+===========+======+=============+===========+======+
| Patuxent       | 38° 17\'  | 70   | Mountain    | 43° 01\'  | 160  |
| River, MD      | / 076°    | km   | Home AFB,   | / 115°    | km   |
|                | 25\'      |      | ID          | 50\'      |      |
+----------------+-----------+------+-------------+-----------+------+
| NAS Oceana, VA | 36° 49\'  | 100  | NAS Fallon, | 39° 24\'  | 100  |
|                | / 076°    | km   | NV          | / 118°    | km   |
|                | 02\'      |      |             | 43\'      |      |
+----------------+-----------+------+-------------+-----------+------+
| MCAS Cherry    | 34° 54\'  | 100  | Nellis AFB, | 36° 14\'  | 100  |
| Point, NC      | / 076°    | km   | NV          | / 115°    | km   |
|                | 52\'      |      |             | 02\'      |      |
+----------------+-----------+------+-------------+-----------+------+
| Beaufort MCAS, | 32° 26\'  | 160  | NAS Lemore, | 36° 18\'  | 120  |
| SC             | / 080°    | km   | CA          | / 119°    | km   |
|                | 40\'      |      |             | 47\'      |      |
+----------------+-----------+------+-------------+-----------+------+
| NAS Cecil      | 30° 13\'  | 160  | Yuma MCAS,  | 32° 39\'  | 160  |
| Field, FL      | / 081°    | km   | AZ          | / 114°    | km   |
|                | 52\'      |      |             | 35\'      |      |
+----------------+-----------+------+-------------+-----------+------+
| NAS Whidbey    | 48° 19\'  | 70   | China Lake, | 35° 29\'  | 80   |
| IS., WA        | / 122°    | km   | CA          | / 117°    | km   |
|                | 24\'      |      |             | 16\'      |      |
+----------------+-----------+------+-------------+-----------+------+
| Yakima Firing  | 46° 40\'  | 70   | MCAS Twenty | 34° 15\'  | 80   |
| Ctr AAF, WA    | / 120°    | km   | Nine Palms, | / 116°    | km   |
|                | 15\'      |      | CA          | 03\'      |      |
+----------------+-----------+------+-------------+-----------+------+

\* \* \* \* \*

US361 In the band 1432‑1435 MHz, Government stations in the fixed and
mobile services may operate indefinitely on a primary basis at the 23
sites listed below. All other Government stations in the fixed and
mobile services shall operate in the band 1432-1435 MHz on a primary
basis until re‑accommodated in accordance with the National Defense
Authorization Act of 1999.

+-----------------+------------+-------+----------+------------+------+
| Location        | North      | Oper  | Location | North      | O    |
|                 | Latitude/  | ating |          | Latitude/  | pera |
|                 |            |       |          |            | ting |
|                 | West       | R     |          | West       |      |
|                 | Longitude  | adius |          | Longitude  | Ra   |
|                 |            |       |          |            | dius |
+=================+============+=======+==========+============+======+
| China Lake/     | 35° 29\' / | 100   | AUTEC    | 24° 30\' / | 80   |
| Edwards AFB, CA | 117° 16\'  | km    |          | 078° 00\'  | km   |
+-----------------+------------+-------+----------+------------+------+
| White Sands     | 32° 11\' / | 160   | Beaufort | 32° 26\' / | 160  |
| Missile         | 106° 20\'  | km    | MCAS, SC | 080° 40\'  | km   |
| Range/Holloman  |            |       |          |            |      |
| AFB, NM         |            |       |          |            |      |
+-----------------+------------+-------+----------+------------+------+
| Utah Test and   | 40° 57\' / | 160   | MCAS     | 34° 54\' / | 100  |
| Training Range/ | 113° 05\'  | km    | Cherry   | 076° 53\'  | km   |
| Dugway Proving  |            |       | Point,   |            |      |
| Ground, Hill    |            |       | NC       |            |      |
| AFB, UT         |            |       |          |            |      |
+-----------------+------------+-------+----------+------------+------+
| Patuxent River, | 38° 17\' / | 70 km | NAS      | 30° 13\' / | 160  |
| MD              | 076° 24\'  |       | Cecil    | 081° 52\'  | km   |
|                 |            |       | Field,   |            |      |
|                 |            |       | FL       |            |      |
+-----------------+------------+-------+----------+------------+------+
| Nellis AFB, NV  | 37° 29\' / | 130   | NAS      | 39° 30\' / | 100  |
|                 | 114° 14\'  | km    | Fallon,  | 118° 46\'  | km   |
|                 |            |       | NV       |            |      |
+-----------------+------------+-------+----------+------------+------+
| Fort Huachuca,  | 31° 33\' / | 80 km | NAS      | 36° 49\' / | 100  |
| AZ              | 110° 18\'  |       | Oceana,  | 076° 01\'  | km   |
|                 |            |       | VA       |            |      |
+-----------------+------------+-------+----------+------------+------+
| Eglin           | 30° 28\' / | 140   | NAS      | 48° 21\' / | 70   |
| AFB/Gulfport    | 086° 31\'  | km    | Whidbey  | 122° 39\'  | km   |
| ANG Range,      |            |       | Island,  |            |      |
| MS/Fort Rucker, |            |       | WA       |            |      |
| AL              |            |       |          |            |      |
+-----------------+------------+-------+----------+------------+------+
| Yuma Proving    | 32° 29\' / | 160   | NCTAMS,  | 13° 35\' / | 80   |
| Ground, AZ      | 114° 20\'  | km    | GUM      | 144° 51\'  | km   |
|                 |            |       |          |            |      |
|                 |            |       |          | (East)     |      |
+-----------------+------------+-------+----------+------------+------+
| Fort Greely, AK | 63° 47\' / | 80 km | Lemoore, | 36° 20\' / | 120  |
|                 | 145° 52\'  |       | CA       | 119° 57\'  | km   |
+-----------------+------------+-------+----------+------------+------+
| Redstone        | 34° 35\' / | 80 km | Savannah | 33° 15\' / | 3 km |
| Arsenal, AL     | 086° 35\'  |       | River,   | 081° 39\'  |      |
|                 |            |       | SC       |            |      |
+-----------------+------------+-------+----------+------------+------+
| Alpene Range,   | 44° 23\' / | 80 km | Naval    | 44° 24\' / | 80   |
| MI              | 083° 20\'  |       | Space    | 068° 01\'  | km   |
|                 |            |       | Op       |            |      |
|                 |            |       | erations |            |      |
|                 |            |       | Center,  |            |      |
|                 |            |       | ME       |            |      |
+-----------------+------------+-------+----------+------------+------+
| Camp Shelby, MS | 31° 20\' / | 80 km |          |            |      |
|                 | 089° 18\'  |       |          |            |      |
+-----------------+------------+-------+----------+------------+------+

US362 The band 1670-1675 MHz is allocated to the
meteorological-satellite service (space-to-Earth) on a primary basis for
Government use. Earth station use of this allocation is limited to
Wallops Island, VA (37° 56\' 47\'\' N, 75° 27\' 37\'\' W), Fairbanks, AK
(64° 58\' 36\'\' N, 147° 31\' 03\'\' W), and Greenbelt, MD (39° 00\'
02\'\' N, 76° 50\' 31\'\' W). Applicants for non-Government stations
within 100 kilometers of the Wallops Island or Fairbanks coordinates
shall notify NOAA in accordance with the procedures specified in 47
C.F.R. § 1.924.

US363 Until January 1, 2005, the band 2385‑2390 MHz is allocated to the
Government mobile and radiolocation services on a primary basis and to
the Government fixed service on a secondary basis. Use of the mobile
service is limited to aeronautical telemetry and associated telecommand
operations for flight testing of manned or unmanned aircraft, missiles
or major components thereof. Use of the radiolocation service is limited
to the military services.

After January 1, 2005, Government stations in the mobile and
radiolocation services shall continue to operate on a primary basis
until re-accommodated in accordance with the National Defense
Authorization Act of 1999, except at the sites identified below where
Government stations may not be re‑accommodated until January 1, 2007:

+--------------+----------------+---------------------+--------------+
| Protection   |                |                     |              |
| Radius for   |                |                     |              |
| Each of the  |                |                     |              |
| Following    |                |                     |              |
| Sites is 160 |                |                     |              |
| km:          |                |                     |              |
+--------------+----------------+---------------------+--------------+
| Location     | North          | Location            | North        |
|              | Latitude/      |                     | Latitude/    |
|              |                |                     |              |
|              | West Longitude |                     | West         |
|              |                |                     | Longitude    |
+--------------+----------------+---------------------+--------------+
| Barking      | 22° 07\' /     | Roswell, NM         | 33° 18\' /   |
| Sands, HI    | 159° 40\'      |                     | 104° 32\'    |
+--------------+----------------+---------------------+--------------+
| Cape         | 28° 33\' /     | Seattle, WA         | 47° 32\' /   |
| Canaveral,   | 080° 34\'      |                     | 122° 18\'    |
| FL           |                |                     |              |
+--------------+----------------+---------------------+--------------+
| China Lake,  | 35° 40\' /     | St. Louis, MO       | 38° 45\' /   |
| CA           | 117° 41\'      |                     | 090° 22\'    |
+--------------+----------------+---------------------+--------------+
| Eglin AFB,   | 30° 30\' /     | Utah Test Range, UT | 40° 12\' /   |
| FL           | 086° 30\'      |                     | 112° 54\'    |
+--------------+----------------+---------------------+--------------+
| Glasgow, MT  | 48° 25\' /     | White Sands Missile | 32° 58\' /   |
|              | 106° 32\'      | Range, NM           | 106° 23\'    |
+--------------+----------------+---------------------+--------------+
| Nellis AFB,  | 37° 48\' /     | Witchita, KS        | 37° 40\' /   |
| NV           | 116° 28\'      |                     | 097° 26\'    |
+--------------+----------------+---------------------+--------------+
| Palm Beach   | 26° 54\' /     | Yuma Proving        | 32° 54\' /   |
| County, FL   | 080° 19\'      | Ground, AZ          | 114° 20\'    |
+--------------+----------------+---------------------+--------------+
| Roosevelt    | 18° 14\' /     |                     |              |
| Roads, PR    | 065° 38\'      |                     |              |
+--------------+----------------+---------------------+--------------+
| Protection   |                |                     |              |
| Radius for   |                |                     |              |
| Each of the  |                |                     |              |
| Following    |                |                     |              |
| Sites is 100 |                |                     |              |
| km:          |                |                     |              |
+--------------+----------------+---------------------+--------------+
| Edwards AFB, | 34° 54\' /     | Patuxent River, MD  | 38° 17\' /   |
| CA           | 117° 53\'      |                     | 076° 25\'    |
+--------------+----------------+---------------------+--------------+

In addition, non‑Government flight test operations may continue at the
sites identified below on a primary basis until January 1, 2007:

  -------------- --------------------- ------------- ---------------------
  Protection                                         
  Radius for                                         
  Each of the                                        
  Following                                          
  Sites is 160                                       
  km:                                                

  Location       North Latitude/ West  Location      North Latitude/ West
                 Longitude                           Longitude

  Alammosa, CO   37° 26\' 04\" / 105°  Thermal, CA   33° 37\' 35\" / 116°
                 52\' 03\"                           09\' 36\"

  Albuquerque,   35° 11\' 03\" / 106°  Phoenix, AZ   33° 18\' 28\" / 111°
  NM             34\' 30\"                           39\' 19\"

  Amarillo, TX   35° 12\' 49\" / 101°  Marietta, GA  33° 54\' 24\" / 084°
                 42\' 31\"                           31\' 09\"

  Arlington, TX  32° 40\' 00\" / 097°  Greenville,   33° 04\' 01\" / 096°
                 05\' 53\"             TX            03\' 09\"

  Leadville, CO  39° 13\' 13\" / 106°                
                 19\' 03\"                           
  -------------- --------------------- ------------- ---------------------

\*\*\*\*\*

US368 The band 1390-1392 MHz is also allocated to the fixed-satellite
service (Earth-to-space) on a primary basis and the band 1430-1432 MHz
is also allocated to the fixed-satellite service (space-to-Earth) on a
primary basis, limited to feeder links for the Non-Voice
Non-Geostationary Mobile-Satellite Service, and contingent on (1) the
completion of sharing studies including the measurement of emissions
from equipment that would be employed in operational systems and
demonstrations to validate the studies as called for in Resolution 127
(WRC-2000), (2) the adoption of worldwide feeder link allocations at the
2003 World Radiocommunication Conference (WRC-03), and (3) compliance
with any technical and operational requirements that may be imposed at
WRC-03 to protect passive services in the 1400-1427 MHz band from
unwanted emissions associated with such allocations. These allocations
become effective upon adoption of worldwide allocations at WRC-03. If no
such allocations are adopted by WRC-03, these allocations shall be
considered null and void, with no grandfathering of rights. Individual
assignments shall be coordinated with the Interdepartmental Radio
Advisory Committee\'s (IRAC) Frequency Assignment Subcommittee (FAS)
(see, for example, Recommendations ITU-R RA.769-1 and ITU R SA.1029-1)
to ensure the protection of passive services in the 1400-1427 MHz band.
Coordination shall not be completed until the feeder downlink system is
tested and certified to be in conformance with the technical and
operational requirements for the protection of passive services in the
1400-1427 MHz band. Certification and all supporting documentation shall
be submitted to the Commission and FAS prior to launch.

\* \* \* \* \*

NON‑GOVERNMENT (NG) FOOTNOTES

\* \* \* \* \*

NG173 In the band 216‑217 MHz, telemetry operations are permitted
subject to the requirements of §90.259 of this chapter. After January 1,
2002, no new assignments shall be authorized in the band 216-217 MHz.

NG174 In Puerto Rico, frequencies within the band 2385‑2390 MHz are not
available for assignment to stations in the aeronautical mobile service.

GOVERNMENT (G) FOOTNOTES

\* \* \* \* \*

G2 In the bands 220‑225 MHz, 420‑450 MHz (except as provided by US217),
890‑902 MHz, 928‑942 MHz, 1300‑1390 MHz, 2310‑2385 MHz, 2417‑2450 MHz,
2700‑2900 MHz, 5650‑5925 MHz, and 9000‑9200 MHz, the Government
radiolocation service is limited to the military services.

\* \* \* \* \*

G27 In the bands 255‑328.6 MHz, 335.4‑399.9 MHz, and 1350‑1390 MHz, the
fixed and mobile services are limited to the military services.

\* \* \* \* \*

G30 In the bands 138‑144 MHz, 148‑149.9 MHz, and 150.05‑150.8 MHz, the
fixed and mobile services are limited primarily to operations by the
military services.

\* \* \* \* \*

G114 The band 1369.05‑1390 MHz is also allocated to the fixed‑satellite
service (space‑to‑Earth) and to the mobile‑satellite service
(space‑to‑Earth) on a primary basis for the relay of nuclear burst data.

\* \* \* \* \*

G120 Development of airborne primary radars in the band 2310‑2385 MHz
with peak transmitter power in excess of 250 watts for use in the United
States is not permitted.

\* \* \* \* \*

**PART 90‑‑PRIVATE LAND MOBILE RADIO SERVICES**

100. The authority citation for part 90 continues to read as follows:

**AUTHORITY: Sections 4(i), 11, 303(g), 303(r), and 302(c)(7) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7).**

101. Section 90.259 is revised to read as follows:

**§ 90.259 [Assignment and use of frequencies in the bands 216-220 MHz
and 1427-1432 MHz]{.underline}.**

102. Section 90.259 is revised to read as follows:

**§ 90.259 [Assignment and use of frequencies in the bands 216-220 MHz
and 1427-1432 MHz]{.underline}.**

\(a\) 216-220 MHz band.

\(1\) Frequencies in the 216-220 MHz band may be assigned to applicants
that establish eligibility in the Industrial/Business Pool.

\(2\) All operation is secondary to the fixed and mobile services,
including the Low Power Radio Service.

\(3\) In the 216-217 MHz band, no new assignments will be made after
January 1, 2002.

\(b\) 1427-1432 MHz band.

\(1\) Frequencies in the 1427-1432 MHz band may be assigned to
applicants that establish eligibility in the Public Safety Pool or the
Industrial/Business Pool.

\(2\) All operations in the 1427-1429.5 MHz band are secondary to the
Wireless Medical Telemetry Service.

\(3\) All operations in the 1429.5-1432 MHz band authorized prior to
\[**Effective date of the Rules**\] are on a secondary basis.

\(c\) Authorized uses.

\(1\) Use of these bands is limited to telemetering purposes.

\(2\) Base stations authorized in these bands shall be used to perform
telecommand functions with associated mobile telemetering stations. Base
stations may also command actions by the vehicle itself, but will not be
authorized solely to perform this function.

\(3\) Airborne use is prohibited.

**PART 95 -- PERSONAL RADIO SERVICES**

103. The authority citation for Part 95 continues to read:

**AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.
154, 303.**

104. Section 95.630 is revised to read as follows:

**§ 95.630 [WMTS transmitter frequencies]{.underline}.**

WMTS transmitters may operate in the frequency bands specified below:

608-614 MHz

1395-1400 MHz

1427-1429.5 MHz

105. Section 95.639(g) is revised to read as follows:

**§ 95.639 [Maximum transmitter power]{.underline}.**

\* \* \* \* \*

\(g\) The maximum field strength authorized for WMTS stations in the
608-614 MHz band is 200 mV/m, measured at 3 meters. For stations in the
1395-1400 MHz and 1427-1429.5 MHz bands, the maximum field strength is
740 mV/m, measured at 3 meters.

106. Section 95.1017 is amended by revising paragraph (a) to read as
     follows:

**§ 95.1017 [Labeling requirements]{.underline}.**

\(a\) Each LPRS transmitting device shall bear the following statement
in a conspicuous location on the device: "This device may not interfere
with TV reception or Federal Government radar."

\* \* \* \* \*

107. Section 95.1101 is revised to read as follows:

**§ 95.1101 [Scope]{.underline}.**

This part sets out the regulations governing the operation of Wireless
Medical Telemetry Devices in the 608-614 MHz**,** 1395-1400 MHz and
1427-1429.5 MHz frequency bands.

108. Section 95.1103(c) is revised to read as follows:

**§ 95.1103 [Definitions]{.underline}.**

\* \* \* \* \*

\(c\) Wireless medical telemetry. The measurement and recording of
physiological parameters and other patient-related information via
radiated bi- or unidirectional electromagnetic signals in the
608-614 MHz, 1395-1400 MHz, and 1427-1429.5 MHz frequency bands.

109. Sections 95.1115(a)(2) and 95.1115(d)(1) are revised to read as
     follows:

**§ 95.1115 [General technical requirements]{.underline}.**

\(a\) \* \* \*

\(2\) In the 1395-1400 MHz and 1427-1429.5 MHz bands, the maximum
allowable field strength is 740 mV/m, as measured at a distance of 3
meters, using measuring equipment with an averaging detector and a 1 MHz
measurement bandwidth.

\* \* \* \* \*

\(d\) Channel use. (1) In the 1395-1400 MHz and 1427-1429.5 MHz bands,
no specific channels are specified. Wireless medical telemetry devices
may operate on any channel within the bands authorized for wireless
medical telemetry use in this part.

\* \* \* \* \*

110. Section 95.1121, including the section heading, is revised to read
     as follows:

**§ 95.1121 [Specific requirements for wireless medical telemetry
devices operating in the 1395-1400 MHz and 1427-1429.5 MHz
bands]{.underline}.**

Due to the critical nature of communications transmitted under this
part, the frequency coordinator in consultation with the National
Telecommunications and Information Administration shall determine
whether there are any Federal Government systems whose operations could
affect, or could be affected by, proposed wireless medical telemetry
operations in the 1395-1400 MHz and 1427-1429.5 MHz bands. The locations
of government systems in these bands are specified in footnotes US351
and US352 of § 2.106 of this chapter.

[^1]: The use of spectrum by Federal agencies is regulated by the
    National Telecommunications and Information Administration (NTIA)
    under the Department of Commerce. Non‑Government spectrum use, which
    is regulated by the Federal Communications Commission (FCC or
    Commission) refers to all other spectrum use, including use by state
    and local governments, businesses, and individuals.

[^2]: *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,
    *Notice of Proposed Rule Making*, 15* *FCC Rcd 22657 (2000).

[^3]: *See* Pub. L. 103‑66, 107 Stat. 312 (1993).

[^4]: *See* Pub. L. 105‑33, 111 Stat. 251 (1997).

[^5]: *See* Principles for Reallocation of Spectrum to Encourage the
    Development of Telecommunications Technologies for the New
    Millennium,* *FCC 99‑354*, Policy Statement*, 14* *FCC Rcd 19868
    (1999) (*Spectrum Policy Statement*) at ¶ 21. *See also*, para. 11,
    *infra*.

[^6]: We will issue a Notice of Proposed Rule Making addressing service
    rules consistent with the allocation decisions being made herein
    (Service Rule Notice).

[^7]: The mobile service includes the land mobile, maritime mobile, and
    aeronautical mobiles services. In contrast, the mobile except
    aeronautical mobile service includes only the land mobile and
    maritime mobile services.

[^8]: Consistent with our previous WMTS decision, we are allocating the
    1427-1429.5 MHz band to the WMTS for Federal Government use.

[^9]: In the United States, radio spectrum may be allocated for
    exclusive Federal Government use, exclusive non-Federal Government
    use, or shared use. *See* 47 C.F.R. § 2.105(b). Mixed use is a type
    of shared use whereby Federal Government use is limited by
    geographic area, by time, or by other means so as to guarantee that
    the potential use by Federal Government stations is substantially
    less than the potential use to be made by non‑Federal Government
    stations. *See* OBRA‑93 at § 113(b)(2)(B). *See also* 47
    U.S.C. § 923(b)(2)(B).

[^10]: *See *Amendment of Parts 2 and 95 of the Commission\'s Rules to
    Create a Wireless Medical Telemetry Service, ET Docket 99‑255, PR
    Docket 92‑235, *Report and Order*,* *FCC 00‑211, 15* *FCC Rcd 11,206
    (2000). WMTS is a low power service in which equipment is used in
    hospitals and health care facilities to transmit patient measurement
    data, such as pulse and respiration rates to a nearby receiver,
    permitting greater patient mobility and increased comfort. The bands
    608‑614 MHz and 1395‑1400 MHz are also available for WMTS use. In
    that proceeding, we decided to permit Federal agencies, such as the
    Department of Veterans Affairs, to have access to the WMTS bands,
    including the exclusive non-Federal Government bands 1395-1400 MHz
    and 1429-1432 MHz.

[^11]: In the exclusive non-Federal Government bands (1390-1395 MHz,
    1427-1429 MHz, and 2385-2390 MHz), we temporarily grandfather a
    limited number of sites.

[^12]: *See* Pub. L.105‑261, 112 Stat. 1920, § 1064(c)(3) (codified at
    47 U.S.C. § 923(c)(3)(B)). While the band 216-220 MHz is covered by
    NDAA-99, all primary Federal Government stations in this band are
    being grandfathered.

[^13]: *See* para. 59, *infra.*

[^14]: Little LEO satellite systems are generally small, low‑Earth orbit
    (LEO) satellites that provide data messaging services on frequencies
    below 1 GHz. *See* 47 C.F.R. § 25.142.

[^15]: A feeder link is a radio link from a fixed Earth station to a
    satellite (uplink) or from a satellite to a fixed Earth station
    (downlink). These links are used for data backhaul, satellite
    control functions, and to connect satellite systems to other
    networks, such as the public switched telephone network (PSTN).
    *See* 47 C.F.R. § 2.1.

[^16]: Since the 1995 World Radiocommunication Conference, the United
    States has performed studies on sharing between space and
    terrestrial services and feeder links near 1.4 GHz for
    Non‑Geostationary Orbiting Mobile Satellite Service (Little LEO)
    systems with service links below 1 GHz. See *WRC 97 Final Acts*,
    Resolution 127, note (d).

[^17]: *See* Amendments to Part 90 of the Commission\'s Rules Concerning
    Private Land Mobile Radio Services, WT Docket No. 97‑153, *Notice of
    Proposed Rule Making*, 12* *FCC Rcd 13468 (1997) (*Part 90 Notice*).
    The Commission previously addressed other aspects of the *Part 90
    Notice* in a 1999 Report and Order. Amendments to Part 90 of the
    Commission\'s Rules Concerning Private Land Mobile Radio Services,
    WT Docket No. 97-153, *Report and Order*, 14 FCC Rcd 3023 (1999).

[^18]: *See* 47 C.F.R. Part 90. *See also*, 47 C.F.R. § 90.259.

[^19]: *See* paras. 16and 23‑25, *supra*, for a description of the LPRS.

[^20]: *See* Pub. L.105‑261, 112 Stat. 1920, § 1064(c)(3) (codified at
    47 U.S.C. § 923(c)(3)(B)).

[^21]: *See* OBRA‑93, § 6001(a) (47 U.S.C. § 923(a)‑(b)).

[^22]: *Id*.

[^23]: *Id*. (47 U.S.C. § 925(b)).

[^24]: *See* *Spectrum Reallocation Final Report*, Response to Title VI
    -- Omnibus Budget Reconciliation Act of 1993, NTIA Special
    Publication 95‑32, National Telecommunications and Information
    Administration, Department of Commerce, (rel. Feb. 1995) (*First
    Spectrum Reallocation Report*).

[^25]: *See* OBRA‑93 at § 6002(a) (47 U.S.C. § 309(j)).

[^26]: *See* BBA‑97, § 3002(e) (47 U.S.C. § 923(b)(3)). *See also* 47
    U.S.C. § 309(j).

[^27]: *See Spectrum Reallocation Report*, Response to Title III of the
    Balanced Budget Act of 1997, NTIA Special Publication 98‑36,
    National Telecommunications and Information Administration,
    Department of Commerce, (rel. Feb. 1998) (*Second Spectrum
    Reallocation Report*). NTIA also identified the 139‑140.5 MHz,
    141.5‑143 MHz, and 1385‑1390 MHz bands. Congress, however, later
    withdrew these bands, due to continuing Government operational
    needs.

[^28]: *See* BBA‑97 at § 3002(a) (47 U.S.C. § 309(j)(2)).

[^29]: *Id* at, § 3002(d) (47 U.S.C. § 923(g)). *See also,*
    Redevelopment of Spectrum to Encourage the Establishment of Services
    Using New and Innovative Technologies, ET Docket No. 92‑9, *First
    Report and Order and Third Notice of Proposed Rule Making,* 7* *FCC
    Rcd 6886 (1992); *Second Report and Order,* 8* *FCC Rcd 6495 (1993);
    *Third Report and Order and Memorandum Opinion and Order*, 8* *FCC
    Rcd 6589 (1993); *Memorandum Opinion and Order*, 9* *FCC Rcd 1943
    (1994); *Second Memorandum Opinion and Order*, 9* *FCC Rcd 7797
    (1994), *aff\'d,* Association of Public Safety Communications
    Officials‑International, Inc. v. FCC*,* 76 F.3d 395 (D.C. Cir.
    1996). *See also* Amendment of the Commission\'s Rules to Establish
    New Personal Communications Services, GEN Docket No. 90‑314,
    *Memorandum Opinion and Order*, 9* *FCC Rcd 5947 (1994).

[^30]: See Identification of Alternate Bands In Response to Title III of
    the Balanced Budget Act of 1997, NTIA Special Publication 98-39
    (Nov. 1998).

[^31]: *See *NDAA at § 1064(c)(3).

[^32]: NDAA‑99 provides that the mandatory reimbursement rules apply to
    the 1710‑1755 MHz band, which was transferred to non‑Government use
    under OBRA‑93, but to no other bands transferred under OBRA‑93.

[^33]: *See* NTIA Notice of Proposed Rule Making for Frequency Band or
    Geographic Relocation of Federal Dependent-Systems, Docket No.
    001206341-01, 66 Fed. Reg. 4771 (Jan. 18, 2001).

[^34]: *See* *Spectrum Policy Statement* at para. 21.

[^35]: *See* Regionet Petition for Rule Making, RM‑9692 (filed Apr. 22,
    1998).

[^36]: *See* LMCC Petition for Rule Making, RM‑9267 (filed Jun. 10,
    1999)

[^37]: *See *MicroTrax Petition for Rule Making, RM‑9797 (filed Nov. 11,
    1999)

[^38]: *See* Itron Petition for Rule Making, RM‑9854 (filed Feb. 29,
    2000).

[^39]: *See* Final Analysis Communications Services, Inc.; Leo One
    Worldwide, Inc.; Orbital Communications Corporation (collectively
    Little LEO licensees) Petition for Rule Making, PRM00IB (filed Aug.
    16, 2000).

[^40]: The International Telecommunication Union (ITU) divides the world
    into three regions for the purposes of the International Table of
    Frequency Allocations, North and South America fall within Region 2.
    *See* 47 C.F.R. § 2.104(b).

[^41]: In Region 2, no new stations in the Radiolocation service may be
    authorized in the 216‑225 MHz band. However, stations authorized
    prior to January 1, 1990 may continue to operate on a secondary
    basis. *See *47 C.F.R. § 2.106, footnote S5.241.

[^42]: AMTS is an integrated and interconnected maritime communications
    system, which can provide radiotelephony, facsimile and teleprinter
    services. *See *47 C.F.R. § 80.385.

[^43]: Footnote US229 states that \"assignments to stations in the fixed
    and mobile services may be made on the condition that no harmful
    interference is caused to the Navy SPASUR system currently operating
    in the southern United States in the frequency band
    216.88-217.08 MHz.\" *See* 47 C.F.R. § 2.106, footnote US229.

[^44]: *See* Appendix C, revised footnote US229, for coordinates of
    these sites. We observe that all of the SPASUR radars transmit on
    216.98 MHz, with the Lake Kickapoo radar authorized an effective
    radiated power (ERP) of 766.8 kW and the Gila River and Jordan Lake
    radars authorized an ERP of 38.4 kW.

[^45]: We observe that this radiolocation mobile station assignment is
    authorized an ERP of 750 kW.

[^46]: *See* 47 C.F.R. § 2.106, footnote US274.

[^47]: *See *47 C.F.R. § 2.106, footnote US210, and § 90.248.

[^48]: *See* 47 C.F.R. §§ 95.1009, 95.1011(c).

[^49]: The allocation is codified at 47 C.F.R. § 2.106, footnote US317.
    *See* Amendment of Parts 0, 1, 2 and 95 of the Commission\'s Rules
    to Provide Interactive Video and Data Services, GEN Docket No. 91‑2,
    *Report and Order*, 7* *FCC Rcd 1630 (1992). The redesignation of
    the service to the 218‑219 MHz Service was intended to reflect the
    regulatory flexibility that the Commission afforded this band. The
    Commission stated that the IVDS service designation no longer
    reflected the breadth of evolving services in the band. *See*
    Amendment of Part 95 of the Commission\'s Rules to Provide
    Regulatory Flexibility in the 218‑219 MHz Service, WT Docket No.
    98‑169, *Order, Memorandum Opinion and Order and Notice of Proposed
    Rulemaking*, 13* *FCC Rcd 19064 (1998).

[^50]: *See *47 C.F.R. § 2.106, footnote NG152. Use of this band by the
    amateur service is limited to stations participating, as forwarding
    stations, in fixed point‑to‑point digital message forwarding
    systems, including intercity packet backbone networks.

[^51]: *See Notice* at para. 16.

[^52]: *Id.* at para. 12.

[^53]: NTIA indicates that "...many of these wildlife telemetry
    functions can be satisfied in the bands between 32-42 MHz, the
    40.60-40.70 MHz band or on the interstitial channels in the
    162-174 MHz band..." *See* *Second Spectrum Reallocation Report* at
    § 3, p.3-17.

[^54]: *See First Spectrum Reallocation Report*.

[^55]: *See* BBA‑97 at § 3002(e)(4)(B).

[^56]: *See Second Spectrum Reallocation Report* at 4‑2.

[^57]: *See Spectrum Policy Statement* at para. 27

[^58]: We note that no comments were received regarding the removal of
    the wildlife and ocean tracking allocation.

[^59]: *See* para. 15, *supra*.

[^60]: While these stations were originally intended to provide
    communications services for vessels along the Mississippi and Ohio
    rivers, the Commission adopted flexible spectrum policies for this
    band in 1997 which allow AMTS stations to also serve vehicles on
    land. *See *Amendment of the Commission\'s Rules Concerning Maritime
    Communications, PR Docket No. 92‑257, *Second Report and Order and
    Second Further Notice of Proposed Rule Making*, 12* *FCC Rcd 16949
    (1997) and *Fourth Report and Order and Third Notice of Proposed
    Rule Making*, FCC 00‑370, 15* *FCC Rcd 22585 (2000).

[^61]: The original service envisioned for IVDS -- interactive
    television applications -- proved to be commercially unsuccessful,
    and licensees found that they were hampered by service rules
    narrowly tailored to such a service. Through a series of actions,
    the Commission waived or suspended certain buildout, auction
    payment, and technical rules. In 1999, the Commission substantially
    revised the service rules in order to allow licensees the
    flexibility to provide a variety of fixed and mobile services in
    response to market demand. The Commission also extended the license
    term to ten years from license grant. The 1999 *Order* also
    established a restructuring plan for certain licensees who were
    participating in the Commission's installment payment program.
    Currently, those licensees who elected to reamortize their debt and
    resume their installment payments -- as well as those who have paid
    in full or who obtained their licenses via lottery -- may offer
    service under the revised 218‑219 MHz Service rules. *See* Amendment
    Of Part 95 Of The Commission\'s Rules To Provide Regulatory
    Flexibility In The 218‑219 MHz Service, WT Docket No. 98‑169,
    *Report and Order and Memorandum Opinion and Order*,
    15* *FCC Rcd 1497 (2000)

[^62]: Eighteen licenses were issued by random selection (lottery) in
    1993. In 1994, the Commission awarded the remaining licenses by
    auction. These licenses were issued in 1995. A 1997 auction was
    planned for Rural Service Area markets, but this auction was later
    postponed on January 29, 1997, in order to give the Commission an
    opportunity to consider a petition for rulemaking and numerous
    informal requests of potential bidders and license holders seeking
    to obtain additional flexibility for the service. *See* Amendment of
    Part 95 of the Commission's Rules to Provide Regulatory Flexibility
    in the 218‑219 MHz Service, *Report and Order and Memorandum Opinion
    and Order*, WT Docket No. 98‑169, RM‑8951, 15* *FCC Rcd 1497,
    1501‑02 ¶¶ 7‑8 (1999) (*218‑219 MHz Order*).

[^63]: LPRS may transmit voice, data, or tracking signals as authorizing
    under Part 95 of the Commissions rules. Two‑way voice communications
    are prohibited. The maximum allowable ERP for a station in the LPRS
    is 100 mw and the maximum channel bandwidth is 25 kHz. AMTS stations
    must employ directional antennas.

[^64]: Licensed by rule means that all authorized users can access the
    entire available spectrum band without individual station licenses.
    *See* 47 U.S.C. § 307(e). Thus, no individual location records are
    maintained and no mutual exclusivity exists.

[^65]: Under the provisions of Section 309(j), only mutually exclusive
    applications are eligible to be granted through competitive bidding.

[^66]: Over 400 comments and letters were received by the Commission
    urging protection of the LPRS. *See*, *e.g.*, American Society for
    Deaf Children Comments and Hearing Industries Association Comments.

[^67]: *See* Phonic Ear Comments at 2.

[^68]: *See* HIA Comments at n. 4.

[^69]: See SHHH Comments at 2.

[^70]: *See* Americans with Disabilities Act of 1990, Pub. L. No.
    101‑336, 104 Stat. 327 (1990).

[^71]: For example, in New York, Madison Square Garden and Carnegie Hall
    make assistive listening devices available to persons with hearing
    disabilities. *See* The League for the Hard of Hearing web page at
    http://www.lhh.org/abc/cultural/index.htm.

[^72]: *See* Pub. L. No. 102‑119, 105 Stat. 587 (1991).

[^73]: *See* Pub. L. No. 103‑218, 108 Stat. 50 (1994).

[^74]: *See*, *e.g.*, Janie Samuel Comments, June McBride Comments, and
    James C. Dillon Comments.

[^75]: *See* 47 C.F.R. § 95.1009(c).

[^76]: *See* Electronic Tracking Systems Comments at 3.

[^77]: See Hearing Industry Association comments filed March 8, 2001 at
    10.

[^78]: *See, e.g.*, Amendment Of Part 95 Of The Commission\'s Rules To
    Provide Regulatory Flexibility In The 218‑219 MHz Service, WT Docket
    No. 98‑169, *Report and Order and Memorandum Opinion and Order*,
    15* *FCC Rcd 1497 (2000) and Amendment Of The Commission\'s Rules
    Concerning Maritime Communications, WT Docket No. 92‑257, *Fourth
    Report and Order and Third Further Notice of Proposed Rule Making*,
    15* *FCC Rcd 22585 (2000).

[^79]: *See Notice* at para. 15.

[^80]: *See* Regionet Petition for Rule Making, RM‑9692 (filed Apr. 22,
    1998). In a two‑way paging system, the subscriber unit contains a
    low‑power transmitter capable of allowing the user to send a
    response from a standard menu of data messages.

[^81]: *Id*. at 3‑4.

[^82]: This auction was originally scheduled to begin June 26, 2001, but
    was postponed due to the need to conduct additional testing of
    web‑based software. *See* Auction Of Licenses For Lower And Upper
    Paging Bands Postponed Until October 30, 2001, *Public Notice*, DA
    01‑1307 (rel. May 25, 2001). *See also,* Auction Of Licenses For The
    Lower And Upper Paging Bands Scheduled For June 26, 2001, *Public
    Notice*, DA 01‑593 (rel. Mar. 7, 2001).

[^83]: *See* Mobex Comments at 4. As detailed above, AMTS currently uses
    the 217‑218 MHz band for ship transmit paired with the 219‑220 MHz
    band for shore transmit.

[^84]: *Id*. *See also* 47 C.F.R. § 80.385(a)(2).

[^85]: *Id*. at 5.

[^86]: *Id.* at 7.

[^87]: *See*, *e.g.*, Trimble Comments, Pacific Crest Comments, and APCO
    Comments. RTK GPS is a surveying technique in which measurements are
    taken at a fixed reference point and then transmitted over a data
    link to a GPS station that uses those measurements along with its
    own measurements to compute its position. This technique is also
    known as differential GPS. Using RTK GPS equipment, position
    accuracy of one to two centimeters can be achieved. *See* Trimble
    Comments at 2‑3.

[^88]: *See* APCO Comments at 2.

[^89]: Examples of public safety operations include data collection to
    assess damage after a natural disaster, development for routing
    systems for vehicles, and precise mapping of hazardous waste sites.
    Non‑public safety uses include guidance and control of construction
    equipment and the positioning of mining equipment. *See* Trimble
    Comments at 3‑4.

[^90]: *See* 47 C.F.R. § 90.261. Fixed operation may only be conducted
    on a secondary basis to land mobile operations.

[^91]: *See* Trimble Comments at 5.

[^92]: *See* 47 C.F.R. §§ 90.20 and 90.35.

[^93]: *See* Trimble Comments at 5 and APCO Comments at 3. In general,
    public safety users may only transmit on frequencies designated for
    the Public Safety Pool and all other users may only transmit on
    frequencies designated for the Industrial/Business Pool.

[^94]: *See* Trimble Comments at 7‑8. Under the rules for Part 90,
    licensees in the 150‑174 MHz band may operate with as much as 500
    watts ERP. *See* 47 C.F.R. § 90.205(d).

[^95]: CSMA is a network control scheme in which a node verifies the
    absence of other traffic before transmitting.

[^96]: *See* Trimble Comments at 6.

[^97]: Another possibility for spectrum for RTK GPS operations is the
    1390‑1392 MHz band, which is being made available for fixed, mobile
    (except aeronautical mobile), and MSS (uplink) use under this Report
    and Order and Memorandum Opinion and Order. *See* para. 50, *infra*.

[^98]: *See* ARRL Comments at 7.

[^99]: *See* 47 C.F.R. §§ 80.385(a)(3) and 97.303(e).

[^100]: *See* 47 C.F.R. § 97.219.

[^101]: *See*, *e.g*., Farifield Industries Comments at 12 and United
    Telecom Council and American Public Power Association Joint Comments
    at 8.

[^102]: *See* Fairfield Industries Comments at 3.

[^103]: For example, telemetry equipment is often used to acquire and
    transmit seismic data from lakes, swaps, deserts, and inaccessible
    terrain.

[^104]: *See* *Part 90 Notice*.

[^105]: *See* 47 CFR § 2.104 (d).

[^106]: *See* Warren Havens Comments.

[^107]: *See* Securicor Comments.

[^108]: *See* paras. 23‑25, *supra*.

[^109]: *See* 47 C.F.R. § 2.106

[^110]: The space research service is a radiocommunication service in
    which spacecraft or other objects in space are used for scientific
    or technological research purposes. *See* 47 C.F.R. § 2.1.

[^111]: The Earth exploration‑satellite service is a radiocommunication
    service between earth stations and one or more space stations in
    which information relating to the characteristics of the Earth and
    its natural phenomena are obtained by active or passive sensors on
    Earth satellites.

[^112]: *See* 47 C.F.R. § 2.106 at footnote S5.339.

[^113]: *See *47 C.F.R. § 2.106.

[^114]: *See First Reallocation Report* at Section 5.

[^115]: *Id*.

[^116]: *Id*.

[^117]: *Id* at 5-3 ("reallocating this band for exclusive non-Federal
    use would require that\... airborne and space-to-Earth transmissions
    be prohibited to protect radio astronomy").

[^118]: *Id.* at 4‑2 through 4‑4 and Table 4‑2.

[^119]: The space operation service is a radiocommunication service
    concerned with the operation of spacecraft. In particular, space
    tracking, space telemetry, and space telecommand. *See*
    47.C.F.R. § 2.1.

[^120]: *See* 47 C.F.R. § 2.106, footnote S5.341.

[^121]: We note that the space operation service allocation in this band
    is currently unused because of the need to protect passive Earth
    exploration‑satellite operations in the lower adjacent 1400‑1427 MHz
    band (according to NTIA staff).

[^122]: *See* 47 C.F.R. § 2.106.

[^123]: *See First Spectrum Reallocation Report* at Section 5.

[^124]: *Id*.

[^125]: *See* *First Spectrum Reallocation Report* at 4‑6 and Table 4‑2.

[^126]: *See* 47 C.F.R. § 90.259. We note that the majority of telemetry
    use in this band is by utility companies.

[^127]: *See* 47 C.F.R. § 2.106, footnote S5.341.

[^128]: *See* note Error: Reference source not found, *supra* for a
    description of the WMTS.

[^129]: *See* 47 C.F.R. § 2.106. *See also*, 47 C.F.R. § 2.106, footnote
    US350.

[^130]: *See* 47 C.F.R. § 2.106, footnote S5.341.

[^131]: *See* 47 C.F.R. § 2.106.

[^132]: *Id.*, footnote S5.341.

[^133]: *See Second Spectrum Reallocation Report* at 4‑3.

[^134]: *See* *First* *Spectrum Reallocation Report* at 4‑3 and Table
    3‑4.

[^135]: *See Second Spectrum Reallocation Report* at 4‑1.

[^136]: In Table 1 of the *Notice*, we observe that MS, which is the
    abbreviation for the mobile service, was inadvertently used for the
    1390-1395 MHz band, whereas in the proposed rules, mobile (except
    aeronautical mobile) is shown. *See Notice*, Appendix A. In this
    Report and Order, we allocate on a primary basis the 1390-1395 MHz
    and the 1432-1435 MHz bands to the mobile (except aeronautical
    mobile) service and the 1427-1429 MHz band to the land mobile
    service. We maintain the primary land mobile allocation in the
    1429-1432 MHz band. *See* para. 48, Table 2.

[^137]: *See, e.g.,* LMCC Comments.

[^138]: *See*, *e.g.*, Bay State Gas Company Comments and Keyspan Energy
    Delivery Comments.

[^139]: *See*, *e.g.*, Satellite Industry Association (SIA) Comments.

[^140]: *See Spectrum Policy Statement* at para. 24.

[^141]: *See* LMCC, *Petition for Rule Making*, RM‑9267 (filed Apr. 22,
    1998) and LMCC, *Petition for Rule Making*, RM‑9267 (filed Jun. 10,
    1999)

[^142]: See LMCC Comments at 5‑6.

[^143]: *See*, *e.g*., Comments of Manufacturers Radio Frequency
    Advisory Committee, Comments of Automobile Club of Hartford, Inc.,
    Comments of California State Automobile Association, and Comments of
    American Petroleum Institute.

[^144]: *See* UTC/APPA Joint Comments at 5. We note that UTC/APPA also
    provide comments in support of Option 1 stating that this option is
    the best method for obtaining additional spectrum that could serve a
    variety of critical communications needs. *See* UTC/APPA Joint
    Comments at 4.

[^145]: *Id*. at 6.

[^146]: *See* Bay State Gas Comments at 2.

[^147]: *Id*. at 4. *See also*, KeySpan Energy Delivery Corporation
    Comments and Hometown Connections International, LLC Comments.

[^148]: *See* AHA Comments at 2 and Itron Comments at 10.

[^149]: *See* Itron Comments at 7.

[^150]: *Id*. In the details of their sharing plan, Itron shows
    effective isotropic radiated power (EIRP) levels of 1 watt, 10
    watts, and 100 watts depending on the spectrum and geographic area
    in which the system is deployed. *Id*. at Attachment, page 4.

[^151]: *See* AHA Comments at 9.

[^152]: *See* AHA *ex parte* Notice (filed Jun 12, 2001).

[^153]: *Id*. at 8.

[^154]: Details of the sharing plan can be found in AHA's Comments at
    11‑12 and Itron's Comments at the Attachment.

[^155]: See AHA *ex parte* Notice (filed August 29, 2001) and Itron *ex
    parte* Notice (filed September 6, 2001).

[^156]: *See* SIA Comments at 2‑3 and Joint Satellite Commenters at 7.

[^157]: *Id*.

[^158]: *Id*. at 13.

[^159]: *Id*. The Joint Satellite Commenters cite studies submitted to
    the International Telecommunications Union -- Radiocommunication
    Sector (ITU‑R) Working Party 8D, which were approved and sent to
    ITU‑R Study Groups 7 and 9. Also cited are studies conducted by
    ITU‑R Working Parties 7C and 7D. *Id*. at 10‑11.

[^160]: *Id*. at 14‑15.

[^161]: *See* Final Analysis Communications Services, Inc., Leo One
    Worldwide, Inc, and Orbital Communications Corporation Petition for
    Reconsideration (filed Aug. 16, 2000) and The Satellite Industry
    Association Petition for Reconsideration (filed Aug. 16, 2000).

[^162]: *See* Joint Satellite Commenters Reply Comments at 2.

[^163]: *See* LMCC Comments at 8.

[^164]: *Id*.

[^165]: *See* UTC/APPA Comments at 6 and AHA Comments at 10. *See also*,
    AHA *ex parte* Notice (filed Jun. 12, 2001). In that Notice, AHA
    asserts that they cannot share the same spectrum with Little LEOs,
    but is silent on whether they can share adjacent spectrum.

[^166]: *See* para. 46, *supra*.

[^167]: *See* CORF Comments. CORF represents the scientific users of the
    radio spectrum. Specifically their comments promote the interests of
    the Earth‑Exploration Satellite Service (EESS) and the Radio
    Astronomy Service (RAS) which operate passive sensors on a primary
    basis in the 1400‑1427 MHz band. *See* 47 C.F.R. § 2.106. CORF
    explains that this band must be protected due to the important
    spectral properties of this band. For example, over ninety percent
    of the atoms in the universe are hydrogen atoms. At their ground
    state, these atoms emit a rest frequency of 1420.406 MHz. However
    the expansion of the universe causes these atoms to move away from
    the earth. Scientists can measure the resulting doppler frequency
    shift and calculate the distance to the source. *See* CORF Comments
    at 4. Throughout their comments, CORF provides additional examples
    of the scientific uses of this band.

[^168]: *Id*. at 5‑6.

[^169]: *Id*. at 7.

[^170]: *See* paras. 37, 38, 39, and 40, *supra* for a description of
    protection that must be given to Government licensees in the
    1390‑1395 MHz, 1427‑1429 MHz, 1429‑1432 MHz, and 1432‑1435 MHz
    bands, respectively.

[^171]: *See* footnote Error: Reference source not found, *supra*.

[^172]: *See Second Spectrum Reallocation Report* at 4‑1.

[^173]: We also note that entities may be able to use this spectrum for
    RTK GPS. *See* para. 30, *supra*.

[^174]: *See* CORF Comments at 7. In their comments, CORF argues that
    suitable limits for uplink power levels and out‑of‑band filtering
    requirements must be imposed. These issues will be explored in a
    separate service rule proceeding.

[^175]: *See* para. 55, *infra.*

[^176]: Such a finding is consistent with our treatment of sharing
    between new non‑Government stations and Radio Astronomy receivers in
    the 1670‑1675 MHz band. *See* para. 65, *infra*.

[^177]: *See* 47 C.F.R. § 95.1101

[^178]: * See* 47 C.F.R. § 95.401 et seq.

[^179]: *See* note Error: Reference source not found, *supra*, for
    information on utility telemetry power levels.

[^180]: *See* AHA *ex parte* filed August 29, 2001.

[^181]: Existing licensees and entities licensed prior to the adoption
    of final service rules in our companion service rule proceeding will
    retain secondary status under the terms of their current license for
    the 1427-1432 MHz band.

[^182]: The meteorological aids service is a radiocommunication service
    used for meteorological, including hydrological, observations and
    exploration. *See* 47 C.F.R. § 2.1.

[^183]: The meteorological‑satellite service is an Earth
    exploration-satellite service for meteorological purposes. *See*
    47 C.F.R. § 2.1.

[^184]: *See* 47 C.F.R. § 2.106, footnote S5.341.

[^185]: *See *47 C.F.R. § 2.106.

[^186]: *Id.* at footnote S5.341.

[^187]: *See* 47 C.F.R. § 2.160, footnote US211.

[^188]: A radiosonde is an automatic radio transmitter in the
    meteorological aids service usually carried on an aircraft, free
    balloon, kite, or parachute that transmits meteorological data.
    *See* 47 C.F.R. § 2.1.

[^189]: *See* *First Spectrum Reallocation Report* at Section 5.

[^190]: *See* *NTIA Letter*. Since enactment of OBRA-93 and the issuance
    of the *First Spectrum Reallocation Report*, Congress directed the
    National Oceanic and Atmospheric Administration (NOAA) to build a
    facility to back-up the station at Wallops Island in case that
    station lost service due to a hurricane or other disaster. NOAA
    selected the site at Greenbelt Maryland for this function.

[^191]: *See* AeroAstro Comments at 2.

[^192]: *See* MicroTrax Comments at 2.

[^193]: *Id*. at 4.

[^194]: *See* Arraycomm Comments at 3.

[^195]: *Id*. at i.

[^196]: *See Notice* at para. 42.

[^197]: *Id*. at para. 41.

[^198]: *See Notice* at para. 43.

[^199]: *See* Appendix C, footnote US362.

[^200]: *See First Spectrum Reallocation Report* at Appendix C.

[^201]: We note, however, that NTIA has indicated that the coordination
    zone around the Greenbelt facility will be smaller (65 kilometers)
    than the zone around the other two stations (100 kilometers). *See
    NTIA Letter*.

[^202]: Power spectral flux density is a measure of the strength of a
    wave over a specified bandwidth. Literally it is the radiated power
    flux per unit bandwidth per unit area. It is often expressed in
    Watts/Hz/m^2^.

[^203]: Our action here does not preclude future licensees and radio
    astronomers from agreeing on PSFD limits as a method of protecting
    radio astronomy operations.

[^204]: *See* 47 C.F.R. § 2.106, footnote US74.

[^205]: *See *47 C.F.R. § 2.106

[^206]: *Id*. at footnote US276.

[^207]: Federal use of this radiolocation allocation is limited to the
    military. *Id*. at footnote G2.

[^208]: *See Second Spectrum Reallocation Report* at 3‑46 through 3‑49,
    Table 3‑6, and 4‑3 through 4‑4.

[^209]: *See* *First Spectrum Reallocation Report* at 4‑3 and Table 3‑4.

[^210]: *See Second Spectrum Reallocation Report* at 4‑4.

[^211]: *Id.* at 4‑1.

[^212]: *See* Assessment Of Electromagnetic Spectrum Reallocation,
    Response to Title X of the National Defense Authorization Act for
    Fiscal Year 2000, NTIA Special Publication 01‑44, Department of
    Commerce, and January 2001 at 3‑39 through 3‑43 and 3‑47.

[^213]: *See Notice* at para. 47.

[^214]: *See* para. 62, *supra*, for a brief description of PLMS.

[^215]: *See* MicroTrax Comments at 4.

[^216]: *Id*. at 5‑6.

[^217]: *See* Letter to Magalie Roman Salas, Secretary, FCC from Steve
    B. Sharkey, Director, Spectrum Standards and Strategy, Motorola,
    Inc. (Jul. 18, 2001).

[^218]: See 47 USC § 925(c)(2)

[^219]: *See* 47 U.S.C. § 924(b)(1).

[^220]: *See Notice* at para. 45. *See also*, *Second Spectrum
    Reallocation Report* at 4‑3.

[^221]: *Id*.

[^222]: AFTRCC is an association of aerospace companies engaged in the
    design, development, manufacture, and testing of commercial and
    military aircraft, space vehicles, missiles, and weapon systems.
    *See* AFTRCC Comments at 4‑6 and Exhibit 1. AFTRCC requests
    protection of 160 kilometer circles around the following sites:
    Alamosa, Colorado, Albuquerque, New Mexico, Amarillo, Texas,
    Arlington, Texas, Leadville, Colorado, Thermal, California, Phoenix,
    Arizona, Marietta, Georgia, Greenville, Texas, and Fairfield County,
    Connecticut.

[^223]: *Id*. at 6.

[^224]: *See* *Notice* at para. 50.

[^225]: *See* Statement of Policy on Establishing a
    Government‑to‑Government Relationship with Indian Tribes,* *FCC
    00‑207, *Policy Statement*, 16* *FCC Rcd 4078 (2001) (*Tribal
    Government Policy Statement*).

[^226]: *See* paras.18, 37, 38, 39, 40, 61, and 68, *supra*.

[^227]: *See Notice* at para. 51.

[^228]: This would include either fixed or mobile operations.

[^229]: *Id*. at 53. We note that similar procedures were adopted in for
    the 3650‑3700 MHz band. *See* Amendment of the Commission's Rules
    with Regard to the 3650‑3700 MHz Government Transfer Band, ET Docket
    No, 98‑237, *Notice of Proposed Rulemaking and Order*, 14* *FCC Rcd
    1295 (1999).

[^230]: *See* CORF Comments at 6‑7.

[^231]: *See* para. 64, *supra*.

[^232]: *See* 47 C.F.R. Part 1, Subpart I.

[^233]: *See* 5 U.S.C. § 603, The RFA, *see* 5 U.S.C. 601 *et
    seq.*[,]{.underline} has been amended by the Contract With America
    Advancement Act of 1996, Public Law 104-121, 110 Stat. 847 (1996)
    (CWAAA). Title II of the CWAAA is the Small Business Regulatory
    Enforcement Fairness Act of 1996 (SBREFA).

[^234]: *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, 15
    FCC Rcd 22,657, 22,697 (2000).

[^235]: *See* 5 U.S.C. § 604.

[^236]: 5 U.S.C. § 603(b)(3).

[^237]: 5 U.S.C. § 601(6).

[^238]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    \"small business concern\" in 15 U.S.C. 632). Pursuant to the RFA,
    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.\" 5 U.S.C. § 601(3).

[^239]: Small Business Act, 15 U.S.C. § 632 (1996).

[^240]: 5 U.S.C. § 601(4).

[^241]: 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to Office of Advocacy of
    the U.S. Small Business Administration).

[^242]: 47 C.F.R. § 1.1162.

[^243]: 5 U.S.C. § 601(5).

[^244]: U.S. Dept. of Commerce, Bureau of the Census, \"1992 Census of
    Governments.\"

[^245]: *Id.*

[^246]: Letter from Aida Alvarez, Administrator, Small Business
    Administration to Thomas J. Sugrue, Chief, Wireless
    Telecommunications Bureau, Federal Communications Commission (June
    4, 1999).

[^247]: *See* 13 CFR § 121.201, North American Industrial Classification
    System (NAICS) Code 33422.

[^248]: *See Amendment of the Commission\'s Rules Concerning Maritime
    Communications*, PR Docket No. 92-257, *Third Report and Order and
    Memorandum Opinion and Order*, 13 FCC Rcd 19853 (1998).

[^249]: ^ ?^ *See* 13 CFR 121.201, North American Industrial
    Classification System (NAICS) Code 33422.

[^250]: ^ ?^ *See* U.S. Department of Commerce, 1992 Census of
    Transportation, Communications and Utilities (issued May 1995),
    NAICS Code 33422.

[^251]: *See* Small Business Administration Tabulation File, SBA Size
    Standards Table 2C, January 23, 1996, SBA, Standard Industrial Code
    (SIC) categories 8050 (Nursing and Personal Care Facilities) and
    8060 (Hospitals). (SBA Tabulation File).