Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | ET Docket No. 00-221         |
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| Reallocation of the 216-220 MHz, | ) | RM-9267                      |
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| 1390-1395 MHz, 1427-1429 MHz,    | * | RM-9692                      |
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| 1429-1432 MHz, 1432-1435 MHz,    | * | RM-9797                      |
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| 1670-1675 MHz, and 2385-2390 MHz | ) | RM-9854                      |
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**NOTICE OF PROPOSED RULE MAKING**

**Adopted: November 1, 2000 Released: November 20, 2000**

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

**Reply comment date: \[60 days from date of publication in the Federal
Register\]**

By the Commission: Chairman Kennard and Commissioner Furchtgott-Roth
issuing separate statements. Commissioners Ness and Tristani issuing a
joint statement.

Table of Contents

Paragraph

I. INTRODUCTION 1

II\. BACKGROUND 3

III\. DISCUSSION 7

A. The 216-220 MHz Band 8

B. The Spectrum at 1.4 GHz 19

1\. Spectrum Bands 20

a\. The 1390-1395 MHz Band 20

b\. The 1427-1429 MHz Band 21

c\. The 1429-1432 MHz Band 22

d\. The 1432-1435 MHz Band 23

2\. Band Plan Options 24

C. The 1670-1675 MHz Band 38

D. The 2385-2390 MHz Band 44

E. Government Operations 51

1\. Protection of Incumbent Services 51

2\. Relocation of Government Operations 54

a\. General 54

b\. Incumbent Government Relocation Information. 58

c\. Government Operations\' Right to Reclaim 64

IV\. PROCEDURAL MATTERS 67

A. Initial Regulatory Flexibility Analysis 67

*B.* *Ex Parte* Rules - - Permit-But-Disclose Proceeding 68

C. Comments 69

D. Contact Persons 74

V. ordering clauses 75

Appendix A: Proposed Rules

Appendix B: Initial Regulatory Flexibility Analysis

# INTRODUCTION

1.  By this action, we propose to allocate a total of 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
    transferred from Government to non-Government use pursuant to the
    provisions of the Omnibus Budget Reconciliation Act of 1993
    (OBRA-93)[^1] and the Balanced Budget Act of 1997 (BBA-97).[^2]
    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 proposals
    presented 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 obligation as
    mandated by Congress to assign this spectrum for non-Government use.

2.  This action continues the implementation of our recent *Spectrum
    Policy Statement*, which, among other things, identified a
    preliminary allocation plan for this spectrum, and articulated a
    number of goals for efficient spectrum management. [^3] We have
    received several suggestions for use of this spectrum. The private
    radio community recommends pairing some of the bands and assigning
    licenses to band managers, while proposing traditional site-licensed
    approaches in other bands for use by industrial and public safety
    operations. Satellite service providers suggest use of a portion of
    this spectrum for feeder links. Itron, Inc. (Itron) requests
    additional spectrum for utility telemetry to support automated meter
    reading. Requests have also been made for spectrum for personal
    location services. This Notice of Proposed Rule Making (Notice)
    examines these recommendations and identifies several options for
    making use of these bands to provide valuable services to the
    public. We request commenters to evaluate the various proposals
    considered herein and suggest alternatives that meet the goals
    identified in the *Spectrum Policy Statement*.

# BACKGROUND

3.  In OBRA-93, the Congress directed the Secretary of Commerce to
    identify at least 200 megahertz of spectrum used by the Federal
    Government for transfer to non-Government services.[^4] As a result
    of this requirement, the National Telecommunications and Information
    Administration (NTIA) identified 235 megahertz of Government
    spectrum for transfer to non-Government use, including the 1390-1395
    MHz, 1427-1432 MHz, and 1670-1675 MHz bands. OBRA-93 also gave the
    Commission the authority to resolve cases of mutually exclusive
    license applications by auctioning spectrum licenses in certain
    radio services.[^5] In BBA-97, the Congress directed the Secretary
    of Commerce to identify an additional 20 megahertz of spectrum for
    transfer to non-Government use to be assigned in compliance with
    Section 309(j) of the Communications Act of 1934, as amended
    (Communications Act).[^6] NTIA identified 20 megahertz of spectrum
    for transfer, including the 216-220 MHz, 1432-1435 MHz, and
    2385-2390 MHz bands.[^7] 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.[^8] Finally, BBA-97
    authorized Federal Government entities to accept payment in cash or
    kind for vacating spectrum transferred from Government to
    non-Government use, establishing a relocation regime similar to the
    Commission's relocation policy for Emerging Technology services,
    particularly PCS.[^9]

4.  The Strom Thurmond National Defense Authorization Act for Fiscal
    Year 1999 (NDAA-99) required 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."[^10] We tentatively interpret
    this language as making the previously voluntary Government
    reimbursement for relocation authorized in BBA-97 mandatory. NDAA-99
    applies only to the bands transferred to non-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-Government use under
    OBRA-93.[^11] Accordingly, the mandatory reimbursement rules apply
    to the 216-220 MHz, 1432-1435 MHz, and 2385-2390 MHz bands.

5.  We have received five petitions for rule making from private
    entities, requesting allocation of one or more of the bands
    addressed here to various applications. Regionet Wireless License,
    LLC (Regionet), requests 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.[^12]
    The Land Mobile Communications Council (LMCC) requests allocation of
    the 1390-1395 MHz, 1427-1435 MHz, and 1670-1675 MHz bands, among
    others, to the Private Mobile Radio Service (PMRS) for use by
    industrial and public safety licensees.[^13] MicroTrax, Inc.
    (MicroTrax) requests an allocation of 5 MHz 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).[^14]
    Itron requests an upgrade of the secondary allocation to FS and MS
    (limited to telemetry) to primary status in the 1427-1432 MHz band,
    in order to enhance the status of utility telemetry.[^15] Finally,
    three licensees in the non-voice, non-geostationary Mobile-Satellite
    Service (NVNG MSS or "Little LEOs"[^16]) request that we allocate
    the 1390-1393 MHz and 1429-1432 MHz bands to Little LEOs.[^17] All
    of these petitions will be addressed in this proceeding.

6.  On November 22, 1999, we 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, w*e 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.

# DISCUSSION

7.  In the discussion below we consider allocations for each of the
    seven spectrum bands included in this proceeding. We are not
    proposing any service rules at this time for these bands because we
    first need to determine whether new services may be feasible.
    However, parties that recommend new services should offer
    suggestions for service rules so that we may evaluate the potential
    viability of these new services. The record developed in this
    proceeding will be considered in future proceedings addressing
    specific service rules for this spectrum. We also note that in a
    separate proceeding we are evaluating changes to our Section 309(j)
    auction authority that were enacted in the 1997 Balanced Budget Act.
    Consistent with any determinations ultimately made in that
    proceeding, we seek comment on whether we should provide for any
    other specific allocations in these bands (e.g., a designation for
    public safety radio services as defined in Section 309(j)(2)(A) of
    the Act).

## The 216-220 MHz Band

8.  The 216-220 MHz band is allocated internationally in Region 2 on a
    primary basis to the Fixed Service (FS) and the Maritime Mobile
    Service (MMS) and on a secondary basis to the Radiolocation
    Service.[^18] Domestically, this band is allocated on a primary
    basis to both the Government and the non-Government MMS. The band is
    also available on a secondary basis to the Government Radiolocation
    Service, the Government and non-Government FS, Aeronautical Mobile
    Service (AMS), Land Mobile Service, and the Low Power Radio Service
    (LPRS). In addition, footnote US317 allocates the 218-219 MHz
    segment of this band to Interactive Video and Data Services (IVDS)
    on a primary basis and footnote NG152 allocates the 219-220 MHz
    segment to the Amateur Radio Service (Amateur Service) on a
    secondary basis. The 218-219 MHz segment has been auctioned to the
    218-219 MHz Service, also referred to in our rules as IVDS.[^19]

9.  Regarding actual operations under the above allocations, we note
    that primary users of the Government allocations in this band
    include the Armed Forces, the U.S. Geological Survey, and the
    Departments of Energy, Justice, the Treasury, and the Interior. For
    example, NTIA has identified nine sites where the U.S. Navy operates
    its space surveillance (SPASUR) radar system at nine sites in the
    216.965-216.995 MHz segment in the South and Southwest. These
    operations are protected indefinitely from non-Government FS and MS
    operations by footnote US229. [^20] The protection areas are circles
    with radii of 50-250 kilometers (km). Protected sites vary from
    thinly populated areas in the desert to major metropolitan
    areas.[^21] A list of protected Government operations is contained
    in Appendix A.

10. In addition to the 218-219 MHz Service and the Amateur Service, this
    band supports many other non-government operations. The 217-218 MHz
    and 219-220 MHz segments are used for the Automated Maritime
    Telecommunication System (AMTS) along the coastlines and inland
    waterways of the United States, especially the Mississippi and Ohio
    Rivers and the coast of the Gulf of Mexico.[^22] Footnote US274 and
    Section 90.259 authorize the entire 216-220 MHz band for FS, AMS and
    Land Mobile Service on a secondary basis for telemetering and
    associated telecommand operations, such as gas pipeline data
    collection and remote monitoring of vehicle performance
    testing.[^23] In addition, footnote US210 provides for tracking and
    telemetering of scientific data from ocean buoys and wildlife in
    this band. Authorized uses include airborne wildlife telemetry in
    the 216.0-216.1 MHz segment.[^24] This band also supports LPRS,
    which is authorized operations in the 216-217 MHz segment under the
    secondary allocation to non-Government FS and MS in the band and
    point-to-point network control communications for AMTS. Uses of LPRS
    include auditory assistance devices, health care aids, law
    enforcement tracking systems (such as those used to track stolen
    currency).[^25]

11. We note that the 216-220 MHz band was identified for transfer from
    shared Government and non-Government use to mixed Government and
    non-Government use pursuant to BBA-97, and therefore licenses in the
    band must be awarded in accordance with Section 309(j) of the
    Communications Act. New licensees in the band are required to
    compensate Government entities in advance for marginal costs
    incurred in their relocation from the band.[^26] The band will
    become available for non-Government use in January 2002.[^27] As we
    stated in the *Spectrum Policy Statement*, the 216-220 MHz band is
    already used extensively for non-Government services, which will
    limit the opportunities for new licensing in the band, even after
    Government services vacate this spectrum.[^28] 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.[^29] 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 subjacent
    210-216 MHz band. Protection of television channel 13 was one of the
    factors we considered in limiting use of this band to low power
    applications such as LPRS and telemetry on a secondary basis.

12. We are also concerned about the continued viability of the
    incumbent, non-Government services, particularly LPRS, in the
    216-220 MHz band, which, while not authorized on a primary basis,
    serve important public needs. We established the LPRS in 1996 to
    advance the use of affordable communications devices by the hearing
    impaired, thus furthering the goals of the Americans with
    Disabilities Act of 1990 and the Technology-Related Assistance for
    Individuals with Disabilities Act Amendments of 1994.[^30] The
    auditory assistance devices, as well as currency tracking devices
    authorized under LPRS, provide valuable services to the public.
    There are over 23 million Americans that are hearing impaired. The
    assisted listening devices, which operate in this band, are being
    increasingly relied upon by persons with special auditory needs,
    particularly in schools by children. LPRS users are licensed by
    rule, and thus we maintain no records on the number or location of
    users, which would complicate coordination with new service
    providers. Ocean buoy and wildlife tracking, as well as being
    valuable services, complicate the use of the 216-220 MHz band
    because of their itinerant nature. Finally, we note that telemetry
    is heavily used in both urban and rural areas.

13. We note that Regionet has filed a *Petition for Rule Making* in
    which it claims that IVDS (now called the 218-219 MHz Service)
    licensing in the band has not been successful, and accordingly
    requests that we reallocate the 218-219 MHz band to the Paging and
    Radiotelephone Service to permit responses from two-way paging units
    in the 216-217 MHz band.[^31] Regionet believes there is a
    substantial demand for two-way paging, and that an additional
    allocation will serve this demand.[^32] Regionet suggests that
    current 218-219 MHz Service licensees be allowed to retain their
    licenses, and that new Paging and Radiotelephone Service licensees
    make arrangements with the 218-219 MHz licensees to allow provision
    of two-way paging.[^33]

14. We propose to allocate the 216-220 MHz band generally to FS and MS
    (except aeronautical mobile) on a primary basis. We further propose
    to require that any MS licensees that may be licensed in the band
    use the 216-218 MHz segment for base station transmit and the
    218-220 MHz segment for mobile station transmit, in order to
    minimize the likelihood of interference to television channel 13
    reception. As requested by NTIA, we also propose to remove the
    Wildlife and Ocean Tracking allocation from this band.[^34] We
    request comment on these proposals. The 216-220 MHz band is heavily
    encumbered by incumbent, non-Government services. Because of the
    limited Government use of the band, there is relatively little new
    capacity, which is likely to be made available by vacation of the
    band by Government operations. Given the significant constraints on
    additional use of the 216-220 MHz band, however, it is unclear how
    this band might accommodate additional services and how we might
    further assign licenses in this spectrum.[^35] Accordingly, we
    invite comment on how we should proceed.

15. We observe that existing licensees operating on a primary basis in
    the AMTS at 217-218 MHz and 219-220 MHz would be protected against
    interference from new operations by applying a first-in-time
    principle, which states that, among services of equal allocation
    status, the first licensed is generally entitled to protection from
    the later licensed. We note that the Commission recently proposed to
    auction remaining AMTS licenses in the 217-218 MHz and 219-220 MHz
    bands.[^36] Further, we note that licenses in the 218-219 MHz
    Service have already been assigned, in part, by auction.[^37] We
    therefore tentatively conclude that it may be inappropriate to allow
    new, co-primary services in these segments, given the potential to
    disrupt or limit the operation of the primary licensees in the
    216-220 MHz band. We further tentatively conclude that our auction
    of the 218-219 MHz band, and our proposed auction of the 216-217 MHz
    and 219-220 MHz bands, satisfy the requirement of BBA-97 that we
    assign licenses in the 216-220 MHz band in accordance with Section
    309(j) of the Communications Act. The completed or proposed auctions
    cover three megahertz of the four megahertz available in the band,
    and the remaining megahertz, as well as being used for valuable,
    secondary services that are licensed by rule, is severely
    constrained by the need to protect television channel 13 from
    interference. We also invite comment on our tentative conclusion
    that we have fulfilled the requirement of BBA-97 to assign licenses
    in the 216-220 MHz band consistent with Section 309(j) of the
    Communications Act.

16. We request recommendations as to whether we should limit any
    additional allocations to FS, which often can coordinate new
    operations to avoid causing interference to incumbent services. We
    solicit comment on whether we should elevate the status of telemetry
    or LPRS to primary status in this band.

17. We request comment on the best way to continue the viability of
    incumbent, non-Government services in the band, if we were to
    license new primary services. We seek to avoid any detrimental
    impact on the many valuable incumbent services operating in this
    spectrum, including auditory assistance devices, the LPRS, the
    Amateur Service, and telemetry. We invite comment as to whether any
    of the existing secondary services operating in this spectrum should
    be elevated to primary status. We also invite comment on Regionet's
    proposal to reallocate the 216-217 MHz and 218-219 MHz bands to
    Paging and Radiotelephone Service, and what effect such an
    allocation would be likely to have on incumbent services in the
    216-217 MHz segment.

18. We are not proposing any service rules at this time for the 216-220
    MHz because we first need to determine whether new services may be
    feasible. However, parties that recommend new services for this
    spectrum should offer suggestions for service rules so that we may
    evaluate the potential viability of these new services. For example,
    parties should describe potential ways new services might be
    auctioned, including the license areas and size of the spectrum
    blocks. We note that the only incumbent service in the 216-220 MHz
    band that has been auctioned by license area is the 218-219 MHz
    Service, which was licensed by Metropolitan Statistical Areas (MSAs)
    and Rural Service Areas (RSAs). There are 306 MSAs and 428 RSAs in
    the United States. The remaining services in the band are licensed
    by site. AMTS stations tend to be licensed along the Mississippi and
    Ohio Rivers and along the coast of the Gulf of Mexico. The secondary
    services in the band are either site licensed, nomadic, or licensed
    by rule to permit operations anywhere in the United States. We
    request views as to whether it may be feasible to license spectrum
    in the 216-220 MHz band by MSAs and RSAs. Commenters are requested
    to suggest alternative service areas for the band, and to justify
    their suggestions. We also request recommendations for technical
    rules, such as transmitter output power and out-of-band emissions,
    which may be appropriate for any new services. We also solicit
    comment as to the Commission rule parts under which any new services
    might be regulated. If we were to elevate telemetry or LPRS in the
    216-220 MHz to primary status in the band, would it be appropriate
    to continue to regulate these services under the relevant portions
    of Part 90 or Part 95, respectively?[^38] We request comment on what
    other service rules, such as eligibility, license requirements, and
    other rules, will best ensure the most efficient service to the
    public. Finally, we request comment on whether we should license
    this spectrum through competitive bidding, including to band
    managers as eligible auction participants, as we describe in the
    next section.

## The Spectrum at 1.4 GHz

19. We address the 13 megahertz of spectrum in the four segments at
    1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, and 1432-1435 MHz bands
    collectively as the \"1.4 GHz spectrum.\" In the *Spectrum Policy
    Statement*, the Commission raised the possibility of providing ten
    megahertz of spectrum in the 1.4 GHz range for a new Land Mobile
    Communications Service, in order to address the need of the private
    land mobile community for additional spectrum.[^39] Several options
    for band pairing or allocation of multiple bands in this spectrum
    have been presented to us. We believe that it may be possible to
    combine some of these bands to maximize the potential services that
    can be provided to the public. We again note that the 1390-1395 MHz,
    1427-1429 MHz, and 1429-1432 MHz bands were transferred from
    Government use pursuant to OBRA-93, and therefore new entrants in
    the band will not be required to compensate Government entities for
    relocation or modification of their facilities.

### Spectrum Bands

#### The 1390-1395 MHz Band

20. The 1390-1395 MHz band is allocated internationally in Region 2 on a
    primary basis to the Radiolocation Service, and on a secondary basis
    to the Space Research (passive) and Earth-exploration Satellite
    (passive) Services. Domestically, this band is allocated on a
    primary basis to the Government Radiolocation Service and on a
    secondary basis to Government FS and MS.[^40] The Government uses
    this band for military radars, air traffic control, military test
    range telemetry links, and tactical radio relays. NTIA states that
    17 military radar sites in the band will require protection until
    the year 2009. These protection areas are circles with radii of 80
    km. The protection areas 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.[^41] These sites are listed in Appendix A. The band is also
    used for radio astronomy, and 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 several
    geographic areas. There are no current non-government operations in
    this spectrum.

####  The 1427-1429 MHz Band

21. The 1427-1429 MHz band is a segment of the 1427-1432 MHz band, which
    is allocated internationally in Region 2 on a primary basis to FS
    and MS (except aeronautical mobile), and to the Space Operation
    Service (Earth-to-space or uplink). Domestically, the 1427-1429 MHz
    band is allocated on a primary basis to Government FS and MS (except
    aeronautical mobile), and to Government and non-Government Space
    Operation applications.[^42] The 1427-1429 MHz band is also
    allocated on a secondary basis to non-Government FS and MS, and is
    limited to telemetering and telecommand applications.[^43] The
    Government uses this band for military tactical radio relay
    communications and military test range aeronautical telemetry and
    telecommand. NTIA states that military airborne operations at 14
    sites will require protection until the year 2004.[^44] These
    protection areas are circles with radii of 70-160 km. The protection
    areas 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. These sites
    are listed in Appendix A. The non-Government use of this spectrum is
    for utility telemetry.[^45]

#### The 1429-1432 MHz Band

22. The 1429-1432 MHz band is allocated internationally on a primary
    basis in Region 2 to FS and MS. Domestically, the 1429-1432 MHz band
    is allocated on a primary basis to Government FS and MS, and on a
    secondary basis for non-Government FS and MS, limited to
    telemetering and telecommand.[^46] The Government uses this band for
    military tactical radio relay communications and military test range
    aeronautical telemetry and telecommand. NTIA states that military
    airborne operations at 14 sites will require protection until the
    year 2004. These protection areas are circles with radii of 70-160
    km. The protection areas 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.[^47] These sites are listed in Appendix A. On June 12, 2000,
    the Commission allocated the 1429-1432 MHz band to the Wireless
    Medical Telemetry Service (WMTS).[^48] 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 1432-1435 MHz Band

23. The 1432-1435 MHz band is allocated internationally on a primary
    basis in Region 2 to FS and MS. Domestically, the 1432-1435 MHz band
    is allocated on a primary basis to Government FS and MS, and on a
    secondary basis for non-Government FS and Land Mobile Service,
    limited to telemetering and telecommand.[^49] This band is also used
    for passive search for signals of extraterrestrial origin.[^50] NTIA
    states that military airborne operations will continue at 23 sites
    indefinitely. These protection areas are circles with radii of 3-160
    km. The protection areas 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.[^51] These sites are listed in Appendix A.[^52] This band was
    transferred to non-Government use pursuant to BBA-97, and therefore
    licenses must be awarded in accordance with Section 309(j) of the
    Communications Act. In addition, new licensees must compensate
    Government entities in advance for marginal costs incurred in
    relocating their facilities from the band. [^53]

### Band Plan Options

24. As stated above, we have received several proposals for use of
    spectrum at 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, and
    1432-1435 MHz. These proposals are discussed below, along with
    additional options for consideration.

25. Itron filed a petition for rule making requesting an upgrade of the
    secondary FS and MS telemetry allocation in the 1427-1429 MHz and
    1429-1432 MHz bands to primary status. Itron manufactures and
    operates automated meter reading devices for use by utilities to
    improve the speed and reduce the costs of billing. These devices
    also facilitate competition in the provision of energy services by
    allowing proper allocation of billing among multiple service
    providers. Itron was granted a license in 1993 to provide telemetry
    service in the 1427-1429 MHz band. The license was renewed in 1999
    and expanded to cover the band 1427-1432 MHz. Itron asserts that a
    primary allocation for telemetry operations is essential to the
    service it provides. Itron states that it has already installed
    several million of its devices, largely in the 1427-1429 MHz
    band.[^54] When the Commission allocated the 1429-1432 MHz band for
    medical telemetry devices, it noted that Itron and the American
    Hospital Association (AHA) filed a joint letter stating that they
    are optimistic that a basis for sharing the 1427-1432 MHz band
    between WMTS and utility telemetry can be developed. AHA and Itron
    stated that the WMTS allocation should not be delayed, provided that
    the Commission expeditiously seek comment concerning a sharing
    arrangement and a co-primary allocation for both WMTS and utility
    telemetry in the 1427-1432 MHz band.[^55] Several utility companies
    support Itron\'s recommendation that spectrum at 1427-1432 MHz
    should be allocated to utility telemetry.[^56] MicroTrax and Little
    LEO licensees oppose Itron\'s recommendation, stating that while
    they have no objection to Itron\'s recommendation in principle, they
    do not believe that Itron has adequately justified the need for five
    megahertz of spectrum or that this band has unique attributes
    required by automated meter reading equipment.[^57] MicroTrax
    recommends relying on an auction to determine use of the band, while
    the Little LEO licensees request that a portion of the band be
    allocated instead to Little LEO feeder links.

26. LMCC suggests that we pair the 1390-1395 MHz band with the 1427-1429
    MHz and 1432-1435 MHz bands to provide two-way, frequency division
    PMRS communications. Such a paired band could be used for FS or MS
    applications, including private mobile radios or fixed microwave, or
    could be used for commercial service, providing voice or data
    service or both. Within this allocation, LMCC recommends that the
    1390-1392 MHz segment be paired with the 1427-1429 MHz band, and
    licensed on a site-specific basis in the same manner as existing
    PMRS services. Under this licensing method, eligible applicants
    would be licensed to use one or more channels in a specified
    location or area and for a specific frequency or set of frequencies.
    LMCC recommends that the 1392-1395 MHz segment be paired with the
    1432-1435 MHz band, and licensed to band managers by competitive
    bidding. Band managers would be a class of Commission licensee that
    may engage in the business of making spectrum available for use by
    others through private, written contracts.[^58] LMCC\'s
    recommendation for additional spectrum is widely supported by
    private mobile radio users.[^59] Itron opposes the allocation of
    spectrum in the 1427-1432 MHz band to PMRS.[^60]

27. In its petition, MicroTrax has requested that we allocate five
    megahertz of contiguous spectrum in any of several bands, including
    the 1390-1395 MHz, 1427-1432 MHz, or 1432-1435 MHz bands, on an
    unpaired basis as potential bands for its suggested PLMS.[^61]
    MicroTrax\'s recommended PLMS is a one-way service wherein small
    transmitters can be carried by people or attached to objects. Such a
    service would be useful for tracking the location of people,
    valuables, cargo in transit, and other objects. The transmitters
    would emit a low power spread spectrum signal that would be picked
    up by a network of receivers to determine the location of the
    transmitters. MicroTrax\'s petition is supported by several
    commenters.[^62]

28. Three Little LEO licensees have also filed a petition for rule
    making requesting that we allocate the 1390-1393 MHz band to Little
    LEO feeder uplinks, and the 1429-1432 MHz band to Little LEO feeder
    downlinks, on a primary basis.[^63] Little LEO feeder links connect
    the satellites to information or communication hubs at a small
    number of earth stations, as opposed to service links, by which
    customer communications are conducted. The Little LEO licensees
    state that their request reflects several years of work aimed at
    achieving a worldwide allocation for Little LEO feeder links at
    1390-1393 MHz and 1429-1432 MHz.[^64] Further, the Little LEO
    licensees assert that current allocations for feeder link spectrum
    for Little LEOs is insufficient to allow them to provide necessary
    services.[^65] The Little LEO licensees also contend that utility
    telemetry can be accommodated in other bands or on a secondary
    basis, and that Little LEOs feeder links is the most efficient and
    effective use of the spectrum.[^66] We note, however, that NTIA
    stated that, for the protection of incumbent Government operations
    in an adjacent band, reallocation of the 1427-1432 MHz band for
    airborne and space-to-Earth applications must be avoided.[^67]

29. Finally, we are also aware that ArrayComm, Inc. (ArrayComm) has
    developed antenna systems, which use spatial diversity, multiple
    access (SDMA). SDMA antenna systems use software-driven phased array
    antennas to provide communications with mobile units in beam widths
    of as little as three degrees. Compared to a standard four or six
    sector antenna, this allows high frequency reuse factors. ArrayComm
    states that its "smart antennas" and SDMA technology provide the
    best frequency reuse with time division duplexing (TDD) systems,
    wherein on a single frequency a portion of each second is used for
    the base station to communicate with the mobile station, and another
    portion of the same second is used for the mobile station to reply.
    TDD technology may be used for fixed and mobile services and does
    not require paired spectrum. Such systems are different from
    frequency division duplexing systems, in which the base station and
    the mobile station use different frequencies to transmit, and
    therefore require paired spectrum. ArrayComm states that TDD systems
    using smart antennas could provide competitive mobile services using
    relatively small, unpaired bands. ArrayComm's technology generally
    requires a contiguous frequency band of five megahertz of spectrum
    for its service. ArrayComm has informally expressed interest in the
    1.4 GHz spectrum, as well as other bands.[^68]

30. We note that there is insufficient spectrum available to accommodate
    all of the petitions and requests before the Commission. Our
    objective is to ensure that the available spectrum is put to the
    best use and that this spectrum is allocated consistent with the
    spectrum management principles set forth in our *Spectrum Policy
    Statement*. We invite comment on how we should allocate the 1.4 GHz
    spectrum to achieve this goal, given the requests that have been
    submitted. At the same time, as with the 216-220 MHz band, we are
    concerned about the continuing viability of incumbents in the 1.4
    GHz band. To facilitate meaningful comment, we have developed
    several options for the allocation of this the 1.4 GHz spectrum that
    are discussed below and summarized in Table 1.

31. Option 1: Under this option, the 1390-1395 MHz, 1427-1429 MHz and
    1432-1435 MHz bands would be allocated to FS and MS on a primary
    basis. Further, we would pair the 1390-1392 MHz band with the
    1427-1429 MHz band for traditional site licensing, and the 1392-1395
    MHz band with the 1432-1435 MHz band for licensing through
    competitive bidding. Eligible bidders could be CMRS providers, PMRS
    licensees, or any other qualified applicant, including Band
    Managers. Applicants for site licensing would be required to
    demonstrate that they had special needs that could not be addressed
    by acquiring spectrum by other means. We would also elevate the
    status of utility telemetry to co-primary in the 1429-1432 MHz band.
    We believe this option has a number of benefits. This approach
    satisfies the requirement to auction the 1432-1435 MHz band and
    provides companion spectrum at 1392-1395 MHz for paired or two-way
    operations. Further, this option would provide spectrum for the new
    Land Mobile Communications Service that we identified in the
    *Spectrum Policy Statement* as a possible solution for meeting the
    specialized communications requirements of businesses.[^69] In
    addition, under this option utility meter reading would continue to
    have access to the 1427-1432 MHz band, and could have access to
    additional spectrum in the 1390-1392 MHz band on the basis of site
    licensing, or access to the 1392-1395 MHz and 1432-1435 MHz bands.
    On the other hand, this option provides no spectrum allocation for
    Little LEOs. This option also forecloses the type of service
    recommended by MicroTrax, AeroAstro, or ArrayComm, but we expect to
    be able to accommodate the recommendations of these parties in other
    spectrum. We invite comment on this option.

32. Option 2: We could also allocate the 1427-1429 MHz on a primary
    basis exclusively for telemetry operations, and allow utility
    telemetry operations to share the 1429-1432 MHz band on a co-primary
    basis with the medical telemetry service. Further, under this option
    we could allocate the 1392-1395/1432-1435 MHz segment for licensing
    by competitive bidding, including Band Managers as potential
    licensees, as recommended by LMCC. The 1390-1392 MHz band would be
    allocated for fixed and mobile services on an unpaired basis. This
    option would satisfy Itron's request and LMCC's request in part. On
    the other hand, this option would make no provision for Little LEOs,
    and could limit excessive amounts of spectrum to telemetry only, as
    opposed to more general PMRS use. As in Option 1 above, we invite
    comment on the viability of sharing between utility and medical
    telemetry operations in the 1429-1432 MHz band on a co-primary
    basis. In particular, while we may allow utility telemetry
    operations on a co-primary basis in this spectrum, we invite comment
    as to whether it may be necessary to preclude such operations in the
    vicinity of medical facilities to avoid any potential interference
    to medical devices used for critical care of patients. We request
    comment on this option.

33. Option 3: As a third option, we could allocate the 1390-1392 MHz and
    1430-1432 MHz bands for use by Little LEOs and PMRS on a co-primary
    basis. [^70] Potential interference in Little LEO uplink spectrum at
    1390-1392 MHz could be avoided by careful siting of the relatively
    few Little LEO gateway earth stations in sparsely populated areas of
    the United States, where the need for PMRS spectrum is less
    pressing. Potential interference in the Little LEO downlink spectrum
    at 1430-1432 MHz could be avoided by establishing power flux density
    limits on Little LEO downlinks that would allow sharing with PMRS.
    As recognized in Resolution 127 adopted at WRC 2000, spurious and
    out-of-band emissions from Little Leo systems may have the potential
    to cause interference to extremely sensitive radio astronomy
    operations in the 1420-1427 MHz band. Resolution 127 also notes that
    various techniques including low-power transmitter levels, choice of
    modulation, symbol shaping, use of guard bands, coordination with
    co-channel and adjacent-channel services, output filtering and band
    limiting filters may be used to mitigate the effects of interference
    to acceptable threshold levels.[^71] We seek comment on whether
    these measures combined with the 3 MHz separation included in this
    option provide adequate protection to radio astronomy operations.

34. As in the foregoing options, we could allocate the 1392-1395 MHz and
    1432-1435 MHz bands on a paired basis for a general auction. Under
    this option we could elevate the secondary allocation for utility
    telemetry in the 1427-1430 MHz band to primary status, while
    shifting the allocation for WMTS from 1429-1432 MHz to 1427-1430
    MHz, on a co-primary basis with utility telemetry. As previously
    noted Itron and AHA indicated that they are optimistic that a basis
    for sharing between WMTS and utility telemetry can be developed in
    this band.[^72] This option would satisfy part of the request of the
    Little LEOs licensees for six megahertz of feeder link spectrum, as
    well as the request of LMCC for PMRS spectrum. Itron\'s request for
    co-primary status for utility telemetry would be partially satisfied
    by a co-primary allocation in three megahertz with WMTS. Utility
    telemetry would also have access to both the co-primary PMRS/Little
    LEOs spectrum and the auctioned spectrum, for a total of 13
    megahertz of spectrum available for utility telemetry. We invite
    comment on the feasibility of sharing between utility telemetry and
    WMTS in the 1427-1430 MHz bands, and between Little LEOs and PMRS in
    the 1390-1392 MHz and 1430-1432 MHz bands. We ask whether 4
    megahertz will provide adequate spectrum to permit expansion of
    capacity as requested by the Little LEOs. This option is a
    compromise between the LMCC, Little LEO Licensees, and Itron
    petitions.

+-------+----------+---+-------+--------------+---+-----------+------------+
| **    |          |   |       |              |   |           |            |
| TABLE |          |   |       |              |   |           |            |
| 1:    |          |   |       |              |   |           |            |
| SU    |          |   |       |              |   |           |            |
| MMARY |          |   |       |              |   |           |            |
| OF    |          |   |       |              |   |           |            |
| 1.4   |          |   |       |              |   |           |            |
| GHz   |          |   |       |              |   |           |            |
| BAND  |          |   |       |              |   |           |            |
| PLAN  |          |   |       |              |   |           |            |
| OPTI  |          |   |       |              |   |           |            |
| ONS** |          |   |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| Band  | 1        | 1 |       | 1427-1429    | 1 |           | 1432-1435  |
| (MHz) | 390-1392 | 3 |       |              | 4 |           |            |
|       |          | 9 |       |              | 2 |           | (Auction   |
|       |          | 2 |       |              | 9 |           | Required)  |
|       |          | - |       |              | - |           |            |
|       |          | 1 |       |              | 1 |           |            |
|       |          | 3 |       |              | 4 |           |            |
|       |          | 9 |       |              | 3 |           |            |
|       |          | 5 |       |              | 2 |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| Cu    | Gov\'t   |   |       | Gov\'t FS &  | G |           |            |
| rrent | RADIO    |   |       | MS           | o |           |            |
| Alloc | LOCATION |   |       |              | v |           |            |
| ation | Gov\'t   |   |       | Gov\'t &     | \ |           |            |
|       | FS & MS  |   |       | non-Gov\'t   | ' |           |            |
|       |          |   |       | Space Ops    | t |           |            |
|       |          |   |       |              | F |           |            |
|       |          |   |       |              | S |           |            |
|       |          |   |       |              | & |           |            |
|       |          |   |       |              | M |           |            |
|       |          |   |       |              | S |           |            |
|       |          |   |       |              |   |           |            |
|       |          |   |       |              | n |           |            |
|       |          |   |       |              | o |           |            |
|       |          |   |       |              | n |           |            |
|       |          |   |       |              | - |           |            |
|       |          |   |       |              | G |           |            |
|       |          |   |       |              | o |           |            |
|       |          |   |       |              | v |           |            |
|       |          |   |       |              | \ |           |            |
|       |          |   |       |              | ' |           |            |
|       |          |   |       |              | t |           |            |
|       |          |   |       |              | f |           |            |
|       |          |   |       |              | s |           |            |
|       |          |   |       |              | & |           |            |
|       |          |   |       |              | l |           |            |
|       |          |   |       |              | m |           |            |
|       |          |   |       |              | s |           |            |
|       |          |   |       |              | ( |           |            |
|       |          |   |       |              | t |           |            |
|       |          |   |       |              | e |           |            |
|       |          |   |       |              | l |           |            |
|       |          |   |       |              | e |           |            |
|       |          |   |       |              | m |           |            |
|       |          |   |       |              | e |           |            |
|       |          |   |       |              | t |           |            |
|       |          |   |       |              | r |           |            |
|       |          |   |       |              | y |           |            |
|       |          |   |       |              | ) |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
|       |          |   |       |              | W |           | ...        |
|       |          |   |       |              | M |           |            |
|       |          |   |       |              | T |           |            |
|       |          |   |       |              | S |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| Itron | ...      | . |       | Upgrade      |   |           | ...        |
| Pro   |          | . |       | non-Gov\'t   |   |           |            |
| posal |          | . |       | FS & MS      |   |           |            |
|       |          |   |       | (TELEMETRY)  |   |           |            |
|       |          |   |       | to primary   |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| LMCC  | no       | n |       | non-Gov\'t   | . |           | non-Gov\'t |
| Pro   | n-Gov\'t | o |       | FS & MS      | . |           | FS & MS    |
| posal | FS & MS  | n |       | (PMRS)       | . |           | (PMRS)     |
|       | (PMRS)   | - |       |              |   |           |            |
|       |          | G |       |              |   |           |            |
|       |          | o |       |              |   |           |            |
|       |          | v |       |              |   |           |            |
|       |          | \ |       |              |   |           |            |
|       |          | ' |       |              |   |           |            |
|       |          | t |       |              |   |           |            |
|       |          | F |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | & |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | ( |       |              |   |           |            |
|       |          | P |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | R |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | ) |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
|       | Pair     | P |       | Pair with    | . |           | Pair with  |
|       | with     | a |       |              | . |           | 1392-1395  |
|       | 1        | i |       | 1390-1392    | . |           | (Band Mgr) |
|       | 427-1429 | r |       |              |   |           |            |
|       | (site    | w |       | (site        |   |           |            |
|       | license) | i |       | license)     |   |           |            |
|       |          | t |       |              |   |           |            |
|       |          | h |       |              |   |           |            |
|       |          | 1 |       |              |   |           |            |
|       |          | 4 |       |              |   |           |            |
|       |          | 3 |       |              |   |           |            |
|       |          | 2 |       |              |   |           |            |
|       |          | - |       |              |   |           |            |
|       |          | 1 |       |              |   |           |            |
|       |          | 4 |       |              |   |           |            |
|       |          | 3 |       |              |   |           |            |
|       |          | 5 |       |              |   |           |            |
|       |          | ( |       |              |   |           |            |
|       |          | B |       |              |   |           |            |
|       |          | a |       |              |   |           |            |
|       |          | n |       |              |   |           |            |
|       |          | d |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | g |       |              |   |           |            |
|       |          | r |       |              |   |           |            |
|       |          | ) |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| Micr  | 5 MHz    |   |       |              |   |           |            |
| otrax | Co       |   |       |              |   |           |            |
| Pro   | ntiguous |   |       |              |   |           |            |
| posal | PLMS     |   |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| L     | 1        |   | ...   | ...          |   | MSS       | ...        |
| ittle | 390-1393 |   |       |              |   | Feeder    |            |
| Leo   | MHz MSS  |   |       |              |   | Links     |            |
| Pro   | Feeder   |   |       |              |   | (         |            |
| posal | Links    |   |       |              |   | downlink) |            |
|       | (uplink) |   |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| O     | no       | n |       | non-Gov\'t   |   | Upgrade   | non-Gov\'t |
| ption | n-Gov\'t | o |       | FS & MS      |   | n         | FS & MS    |
| 1     | FS & MS  | n |       | (PMRS)       |   | on-Gov\'t | (PMRS)     |
|       | (PMRS)   | - |       |              |   | TELEMETRY |            |
|       |          | G |       |              |   | to        |            |
|       |          | o |       |              |   | c         |            |
|       |          | v |       |              |   | o-primary |            |
|       |          | \ |       |              |   | with WMTS |            |
|       |          | ' |       |              |   |           |            |
|       |          | t |       |              |   |           |            |
|       |          | F |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | & |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | ( |       |              |   |           |            |
|       |          | P |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | R |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | ) |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
|       | Pair     | P |       | Pair with    |   |           | Pair with  |
|       | with     | a |       | 1390-1392    |   |           | 1392-1395  |
|       | 1        | i |       | (site        |   |           | (Band Mgr) |
|       | 427-1429 | r |       | license)     |   |           |            |
|       | (site    | w |       |              |   |           |            |
|       | license) | i |       |              |   |           |            |
|       |          | t |       |              |   |           |            |
|       |          | h |       |              |   |           |            |
|       |          | 1 |       |              |   |           |            |
|       |          | 4 |       |              |   |           |            |
|       |          | 3 |       |              |   |           |            |
|       |          | 2 |       |              |   |           |            |
|       |          | - |       |              |   |           |            |
|       |          | 1 |       |              |   |           |            |
|       |          | 4 |       |              |   |           |            |
|       |          | 3 |       |              |   |           |            |
|       |          | 5 |       |              |   |           |            |
|       |          | ( |       |              |   |           |            |
|       |          | B |       |              |   |           |            |
|       |          | a |       |              |   |           |            |
|       |          | n |       |              |   |           |            |
|       |          | d |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | g |       |              |   |           |            |
|       |          | r |       |              |   |           |            |
|       |          | ) |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| O     | no       | n |       | Upgrade      |   | Upgrade   | non-Gov\'t |
| ption | n-Gov\'t | o |       | non-Gov\'t   |   | n         | FS & MS    |
| 2     | FS & MS  | n |       | FS & MS      |   | on-Gov\'t | (PMRS)     |
|       | (U       | - |       | (TELEMETRY)  |   | TELEMETRY |            |
|       | npaired) | G |       | to primary   |   | to        |            |
|       |          | o |       |              |   | c         |            |
|       |          | v |       |              |   | o-primary |            |
|       |          | \ |       |              |   | with WMTS |            |
|       |          | ' |       |              |   |           |            |
|       |          | t |       |              |   |           |            |
|       |          | F |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | & |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | ( |       |              |   |           |            |
|       |          | P |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | R |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | ) |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
|       |          | P |       |              |   |           | Pair with  |
|       |          | a |       |              |   |           | 1392-1395  |
|       |          | i |       |              |   |           | (Band Mgr) |
|       |          | r |       |              |   |           |            |
|       |          | w |       |              |   |           |            |
|       |          | i |       |              |   |           |            |
|       |          | t |       |              |   |           |            |
|       |          | h |       |              |   |           |            |
|       |          | 1 |       |              |   |           |            |
|       |          | 4 |       |              |   |           |            |
|       |          | 3 |       |              |   |           |            |
|       |          | 2 |       |              |   |           |            |
|       |          | - |       |              |   |           |            |
|       |          | 1 |       |              |   |           |            |
|       |          | 4 |       |              |   |           |            |
|       |          | 3 |       |              |   |           |            |
|       |          | 5 |       |              |   |           |            |
|       |          | ( |       |              |   |           |            |
|       |          | B |       |              |   |           |            |
|       |          | a |       |              |   |           |            |
|       |          | n |       |              |   |           |            |
|       |          | d |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | g |       |              |   |           |            |
|       |          | r |       |              |   |           |            |
|       |          | ) |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
| O     | MSS      | n |       | 1427-1430    |   | MSS       | non-Gov\'t |
| ption | Feeder   | o |       | MHz          |   | Feeder    | FS & MS    |
| 3     | Uplinks  | n |       |              |   | Downlinks | (PMRS)     |
|       |          | - |       | Upgrade      |   |           |            |
|       | no       | G |       | non-Gov\'t   |   | n         |            |
|       | n-Gov\'t | o |       | TELEMETRY to |   | on-Gov\'t |            |
|       | FS & MS  | v |       | co-primary   |   | FS & MS   |            |
|       | (PMRS)   | \ |       | with WMTS    |   | (PMRS)    |            |
|       |          | ' |       |              |   |           |            |
|       |          | t |       |              |   |           |            |
|       |          | F |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | & |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | ( |       |              |   |           |            |
|       |          | P |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | R |       |              |   |           |            |
|       |          | S |       |              |   |           |            |
|       |          | ) |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
|       |          |   |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+
|       |          | P |       |              |   |           | Pair with  |
|       |          | a |       |              |   |           | 1392-1395  |
|       |          | i |       |              |   |           | (Band Mgr) |
|       |          | r |       |              |   |           |            |
|       |          | w |       |              |   |           |            |
|       |          | i |       |              |   |           |            |
|       |          | t |       |              |   |           |            |
|       |          | h |       |              |   |           |            |
|       |          | 1 |       |              |   |           |            |
|       |          | 4 |       |              |   |           |            |
|       |          | 3 |       |              |   |           |            |
|       |          | 2 |       |              |   |           |            |
|       |          | - |       |              |   |           |            |
|       |          | 1 |       |              |   |           |            |
|       |          | 4 |       |              |   |           |            |
|       |          | 3 |       |              |   |           |            |
|       |          | 5 |       |              |   |           |            |
|       |          | ( |       |              |   |           |            |
|       |          | B |       |              |   |           |            |
|       |          | a |       |              |   |           |            |
|       |          | n |       |              |   |           |            |
|       |          | d |       |              |   |           |            |
|       |          | M |       |              |   |           |            |
|       |          | g |       |              |   |           |            |
|       |          | r |       |              |   |           |            |
|       |          | ) |       |              |   |           |            |
+-------+----------+---+-------+--------------+---+-----------+------------+

35. We are aware that the options presented above do not accommodate the
    requests of Microtrax or ArrayComm for spectrum. We believe,
    however, that these requests are better addressed in the 1670-1675
    MHz and 2385-2390 MHz bands below. We request comment on these
    options, and on any other possible allocation schemes for the 1.4
    GHz bands. We also request comment on whether uses have been
    identified for the currently unused non-Government Space Operations
    allocation, given the need to protect the passive services in the
    subjacent 1400-1427 MHz band, and any actions taken in this
    proceeding. Alternatively, should we remove this allocation from the
    U.S. Table of Frequency Allocations?

36. Any recommended allocation schemes should take several factors into
    account. For example, we note that the 1432-1435 MHz segment must be
    assigned in accordance with Section 309(j) of the Communications
    Act. We tentatively conclude that there would be benefit in
    allocating an additional three megahertz of spectrum with which this
    spectrum could be paired. We believe that, to the extent possible we
    should ensure that the market determines the most appropriate use of
    this spectrum. In this regard, we are not inclined to allocate
    spectrum for particular kinds of services unless there is a clear
    and compelling public interest in doing so. Parties making specific
    proposals should provide justifications of those proposals in terms
    of maximizing the utility of these bands to new services. Parties
    also should take into account incumbent uses of this spectrum and
    the adjacent bands. For example, we observe that Government
    operations will continue in many locations well into the future.

37. Parties advocating specific services for this spectrum are also
    encouraged to submit specific suggestions with regard to service
    rules to govern these services. We solicit comment on ways spectrum
    for services might be auctioned, including the license areas and
    spectrum blocks. We also request recommendations for technical
    rules, such as power and out-of-band emissions limits, which may be
    appropriate for any new services. In cases where commenters advocate
    allocating additional spectrum for current services, we seek comment
    on whether we should adopt new rules for these bands, or simply
    extend the current rules to apply to the 1.4 GHz spectrum. We also
    solicit comment as to the Commission rule parts under which any new
    services might be regulated. We request comment on what other
    service rules, such as, *inter alia*, eligibility and license
    requirements, we should adopt for services in the 1.4 GHz spectrum.

## The 1670-1675 MHz Band

38. Internationally, the 1670-1675 MHz band is allocated on a primary
    basis in Region 2 to FS and MS, as well as to Meteorological Aids
    and the Meteorological-Satellite Service. Domestically, the band is
    allocated on a primary basis to Government and non-Government
    Meteorological Aids and the Meteorological-Satellite Service
    (space-to-Earth or downlink).[^73] This band is also used for the
    passive search for signals of extraterrestrial origin.[^74] NTIA
    states that two meteorological-satellite earth stations, one at
    Wallop's Island, VA, and one at Fairbanks, AK, will require
    protection indefinitely.[^75] This band was transferred to
    non-Government use pursuant to OBRA-93, and therefore new entrants
    in the band will not be required to reimburse Government facilities
    for relocation. [^76]

39. In allocating this band, we must consider the need to protect
    extremely sensitive radio astronomy receivers in the subjacent
    1660-1670 MHz band, as well as the need to protect
    meteorological-satellite earth stations at the Wallop's Island and
    Fairbanks sites. For these reasons, this band will not be allocated
    to any airborne or space-to-Earth applications. LMCC has identified
    the band as a candidate for PMRS.[^77] MicroTrax has also identified
    the band as very desirable for its suggested PLMS.[^78]

40. In comments on MicroTrax's petition, AeroAstro introduces its
    Satellite Enabled Notification System (SENS), which will also locate
    small objects at relatively low cost. SENS is a one-way messaging
    service that enables users to transmit short messages for
    near-real-time receipt via the Internet. Like MicroTrax's PLMS, SENS
    will allow the location and tracking of people and objects, and the
    1670-1675 MHz band is a potential band for the service.[^79] Both
    MicroTrax\'s and AeroAstro\'s plans for this band appear to be
    compatible with protection of Government sites and radio astronomy
    operations. Both parties are confident of their ability to design
    their suggested systems to avoid causing interference to the
    Wallop\'s Island or Fairbanks sites. Both parties also point out
    that their systems would also be of sufficiently low power that the
    likelihood of interference to radio astronomy operations in the
    subjacent 1660-1670 MHz band would be minimized.

41. In addition to these plans, we note that a five-megahertz band of
    unpaired spectrum could be useful for service providers who would
    operate two-way private or commercial communications systems using
    TDD. As we noted above, such a system is advocated by ArrayComm, and
    could be implemented in an unpaired band of five megahertz.

42. We propose to allocate the band to FS and MS (except aeronautical
    mobile), and to adopt technical rules that make the band usable for
    a number of potential services, including MicroTrax's PLMS,
    AeroAstro\'s SENS, two-way service based on ArrayComm\'s TDD
    technology, and other fixed and mobile services applications. We
    believe that an auction of this spectrum may be the best way to
    ensure that it is assigned to the best value use that is consistent
    with the protection of co-channel Government and adjacent-channel
    radio astronomy operations.

43. As in the case of the bands discussed above, the service rules we
    will adopt to regulate operations in the 1660-1675 MHz band will
    depend on the allocation we adopt for the band. Commenters are
    requested to recommend technical rules, with particular attention to
    protection of radio astronomy operations in the adjacent 1650-1670
    MHz band. Commenters should specify what power limits they believe
    would protect Government and radio astronomy operations, along with
    measures they would recommend to provide the needed protection. We
    solicit comment on license areas and spectrum blocks. We also
    solicit comment as to the Commission rule part or parts under which
    new services in this band should be regulated, and on other service
    rules for operations in the band.

## The 2385-2390 MHz Band

44. The 2385-2390 MHz band is allocated internationally in Region 2 on a
    primary basis to FS, MS, and the Radiolocation Service and on a
    secondary basis to the Amateur Service.[^80] Domestically, the band
    is allocated to Government and non-Government MS limited to
    aeronautical telemetry, and the Government Radiolocation Service on
    a primary basis.[^81] The band is allocated to the Government FS on
    a secondary basis.[^82] The Government uses the band for
    aeronautical flight test telemetry and for scientific observations.
    NTIA states that Government operations in the band will require
    protection at 17 sites until the year 2007. This band will become
    available for non-Government use in January, 2005.[^83] These sites
    are specified in Appendix A. This band was transferred to
    non-Government use pursuant to BBA-97, and therefore licenses must
    be awarded in accordance with Section 309(j) of the Communications
    Act, and new licensees must compensate Government entities in
    advance for marginal costs incurred in relocating their facilities
    from the band. [^84]

45. New licensees will need to protect grandfathered Government sites
    from interference in the 2385-2390 MHz band. NTIA also notes that
    commercial receiver and transmitter standards must be established to
    reduce the potential for mutual interference with airborne systems
    operating in the adjacent band.[^85] The Commission has generally
    refrained from imposing receiver standards, preferring to let market
    forces determine equipment specifications. We seek comment on
    NTIA\'s determination that receiver and transmitter standards are
    required. We also request comment on whether non-Government
    aeronautical telemetry for flight testing of piloted and remotely or
    automatically controlled aircraft, missiles, or other components
    thereof, exist outside of the 17 sites identified by NTIA.

46. While the 2385-2390 MHz band is allocated on a primary basis for
    both Government and non-Government aeronautical telemetry, we are
    uncertain of how much of this band is used for aeronautical
    telemetry, and of how many licensees use this service. We seek
    comment on the use of this band for aeronautical telemetry, and how
    such use may be preserved as new services enter the band. Commenters
    are invited to address the possibility of moving aeronautical
    telemetry to another spectrum band, reducing its status to
    secondary, or providing protection for telemetry in limited areas of
    the United States.

47. We propose to allocate the 2385-2390 MHz band to FS and MS
    generally, and allow flexible use of the band, within the technical
    rules we adopt. We request comment on this proposal, especially on
    whether we should allocate this band more narrowly. We note that
    MicroTrax has identified the 2385-2390 MHz band as a candidate for
    its suggested PLMS.

48. We seek comment on service and auction rules for the 2385-2390 MHz
    band. Commenters are requested to provide recommendations on power
    limits, out-of-band emission limits, and other technical rules. We
    also solicit comment on service rules governing licensing, service
    areas, permissible communications, and what part of our rules should
    govern the band. Finally, we request comment on any other service
    rules that commenters think appropriate for regulating services in
    the band. We request that commenters explain how their proposed
    rules will maximize efficiency of use of the band.

49. In addition to the various proposals above, we propose to effect the
    transfer of the 27 megahertz of Government spectrum identified in
    this proceeding by deleting the Government allocations from the
    Table of Frequency Allocations in coordination with NTIA. We propose
    to add footnotes to the Table of Frequency Allocations, noting that
    the bands addressed here will remain allocated to Government
    operations until the dates that the various bands will be
    transferred. NTIA has also advised the Commission of consequential
    changes to certain Government footnotes. These proposed changes are
    contained in Appendix A. We request comment on whether this is the
    appropriate method for reflecting the reallocations proposed in this
    proceeding.

50. In the allocation and service rule proposals for all of the bands
    addressed in this Notice, We specifically seek comment from Indian
    Tribal governments*.* As detailed in the *Tribal Government Policy
    Statement*, adopted earlier this year, the Commission is committed
    to (1) working with Indian tribes on a government-to-government
    basis to ensure that Indian tribes have adequate access to
    communications services, and (2) consulting with Tribal governments
    prior to implementing any regulatory action or policy that will
    significantly affect tribal governments, their land, and
    resources.[^86] We believe the proposals set forth in this *Notice*
    have the potential to foster the development and, ultimately, the
    deployment of new technologies and services to many communities,
    including tribal communities. In keeping with the principles of the
    *Tribal Government Policy Statement*, we welcome the opportunity to
    consult with tribal governments on the issues raised by this
    *Notice*, and we seek comment both from tribal governments and other
    interested parties on the potential for the spectrum proposals set
    forth herein to serve the communications needs of tribal
    communities.

## Government Operations

### Protection of Incumbent Services

51. As we noted above, certain Government operations in the bands
    addressed in this proceeding must be protected for periods of years
    or indefinitely within specified radii of operations. A complete
    list of Government operations that must be protected is contained in
    Appendix A. Within the protection zones established by NTIA as a
    condition of reallocation for each band, any non-Federal Government
    station will need to be coordinated with NTIA\'s Frequency
    Assignment Subcommittee (\"FAS\").

52. The Commission handles the coordination between Government and
    non-Government entities in shared use bands. When an application for
    a station license is filed in a geographic area where such
    coordination is required, the Commission's licensing system
    automatically identifies the application as requiring coordination
    with the Government. The relevant technical and other data are then
    sent to the NTIA FAS for comment. If no objections are received
    within a specified time period, the Commission generally grants the
    application if it is otherwise acceptable. The NTIA FAS may deny the
    request in order to protect incumbent services in the geographic
    area. This approach works well when a service is licensed on a
    site-by-site basis. However, here we are considering licensing some
    or all of these bands on a wide-area basis. Nevertheless, for bands
    in which the Federal Government will continue to maintain systems
    within protected areas, licensees will be required to submit
    technical data to the Commission for each individual site.

53. In another proceeding reallocating government spectrum, we proposed
    that licensees planning to construct facilities within a protection
    zone be required to submit data to the Commission to allow
    coordination of their facilities.[^87] For each site requiring prior
    coordination, the licensee would be required to notify the
    Government facility within the coordination zone, via the Universal
    Licensing System (\"ULS\"), of each proposed new facility that it
    planned to construct, providing technical data including latitude,
    longitude, station type, frequency range, antenna height, power, and
    types of emissions. Licensees would not be permitted to operate such
    facilities within the coordination zone until obtain a response from
    the Commission indicating that there are no objections from the
    Government. We seek comment on using this same proposed coordination
    proposal for the bands addressed here. We request comment on this
    proposal or alternate procedures that provide the best method for
    ensuring protection for these Government services when new services
    begin operations. One alternative could be to establish power limits
    that would provide the necessary protection even when mobile units
    were within the protection areas. New service providers could
    develop "stay-away" beacons that could serve to cease operation of
    mobile units when they travel into protection areas. Or for certain
    types of services, particularly fixed services, a simple prohibition
    on operating within the protection areas could suffice. Commenters
    are invited to suggest solutions on these and any other options they
    may devise. Perhaps coordination would be sufficient to allow new
    non-Government operations to share spectrum with Government
    operations. Commenters are specifically requested to address
    protection of Government services in each of the bands at issue
    here, as we doubt that a single solution will be the best method for
    ensuring maximum flexibility and utility of the bands, while at the
    same time providing the necessary protection for Government
    operations.

### Relocation of Government Operations

#### General

54. In addition to Government operations that will need to be protected
    from interference from new non-Government operations, some
    Government operations in the bands at issue in this proceeding will
    be relocated to clear spectrum for new services.

55. In BBA-97, Congress established a relocation policy for Government
    spectrum users similar to the relocation policy established by the
    Commission in the *Emerging Technologies* proceeding for PCS and
    other Emerging Technologies (ET) spectrum.[^88] The Commission's
    policy, in broad outline, required ET licensees to protect
    incumbents from interference, but also allowed ET licensees to
    negotiate voluntary relocation agreements with incumbent spectrum
    users, or alternatively to request involuntary relocation of such
    incumbents, provided that the ET licensee agreed to guarantee
    payment of all of the incumbent's relocation expenses and provide
    "comparable" facilities at the relocation frequencies.[^89] BBA-97
    established a similar mechanism whereby new licensees were required
    to protect incumbent Government operations until the scheduled
    availability dates of the bands, but could negotiate earlier
    voluntary relocation agreements with Federal Government spectrum
    users, or could request involuntary relocation of such users by
    meeting certain conditions. Specifically, BBA-97 stated that new
    licensees seeking to relocate Federal Government stations from bands
    transferred pursuant to BBA-97 from Government use to mixed
    Government and non‑Government use or exclusive non‑Government use
    could submit a petition for such relocation to NTIA. NTIA was
    instructed to limit or terminate the Government station's operating
    license within 6 months after receiving the petition if the
    following requirements were met: (1) the licensee seeking relocation
    of the Government station has guaranteed to pay all relocation costs
    incurred by the Government entity, including all engineering,
    equipment, site acquisition and construction, and regulatory fee
    costs; (2) all activities necessary for implementing the relocation
    have been completed, including construction of replacement
    facilities and obtaining new frequencies for use by the relocated
    Government station where the Government station is not relocating to
    other exclusive Government spectrum; (3) any necessary replacement
    facilities, equipment modifications, or other changes have been
    implemented and tested to ensure that the Government station is able
    to accomplish its purposes; and (4) NTIA has determined that the
    proposed use of the spectrum frequency band to which the Government
    entity will relocate its operations is consistent with international
    agreements and with United States national security and public
    safety interests, and suitable for the technical characteristics of
    the band and consistent with other uses of the band. Pursuant to
    BBA-97, if within one year after the relocation, the Federal entity
    demonstrates to the Commission that the new facilities or spectrum
    are not comparable to the facilities or spectrum from which the
    Federal Government station was relocated, the new licensee shall
    take reasonable steps to remedy any defects or pay the Government
    entity for the expenses incurred in returning the Government station
    to the spectrum from which such station was relocated.[^90]

56. In 1999, Congress passed NDAA-99, which significantly changed
    relocation law and policy with respect to certain spectrum
    transferred from Government to non-Government use. Specifically,
    NDAA-99 provides for mandatory rather than permissive reimbursement
    of Government spectrum users in spectrum identified for transfer in
    response to BBA-97, the 1710-1755 MHz band, as well as reimbursement
    of Government spectrum users when future actions lead to the
    relocation of a Federal Government station. The statute provides
    that any Government entity on such spectrum that proposes to
    relocate itself, shall notify NTIA of the marginal costs anticipated
    to be incurred in relocation or modifications necessary to
    accommodate prospective non-Government licensees. NTIA is directed
    in turn to notify the Commission of such costs before the auction
    concerned, and the Commission must then notify potential bidders
    prior to the auction of the estimated relocation or modification
    costs based on the geographic area covered by the proposed licenses.
    Further, NDAA-99 required any new licensee benefiting from
    Government station relocation to compensate the Government entity in
    advance for relocation or modification costs. Such compensation may
    take the form of a cash payment or in‑kind compensation.[^91]
    Because NDAA-99 applies only to spectrum identified for reallocation
    pursuant to BBA-97, it applies in this proceeding only to the
    216-220 MHz, 1432-1435 MHz, and 2385-2390 MHz bands, and not to the
    1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, and 1670-1675 MHz
    bands, which were reallocated pursuant to OBRA-93.

57. In general, the above statutes confer authority on NTIA and the
    Commission to write rules governing relocation for new licensees
    seeking to relocate Government entities.[^92] This proceeding
    presents the Commission's proposed relocation procedures and has
    been coordinated with NTIA. NTIA plans to conduct a rulemaking
    proceeding in the near future regarding relocation rules for
    Government incumbents. We intend to make recommendations to NTIA on
    the proposed rules for relocation of Government incumbents, and will
    work jointly to establish an overall relocation policy that will
    ensure a smooth transition of the bands at issue in this proceeding
    from Government to non-Government or mixed use. We further propose
    to release a public notice when NTIA releases the proposed
    relocation rules for Government incumbents, in order to maximize the
    awareness of Commission licensees and potential licensees to the
    proposed rules. Finally, we propose to cross-reference the
    relocation rules in the rules we adopt as a result of this
    proceeding. We seek comment on these proposals and how best to
    provide for a rapid, equitable relocation of Government incumbents.
    We also inquire whether there are other steps that we can take to
    make Commission licensees and potential licensees active partners in
    developing relocation policies that are transparent, efficient, and
    fair.

#### Incumbent Government Relocation Information.

58. As discussed above, the NDAA-99 requires that any Federal entity
    proposing to relocate shall notify the NTIA, which in turn shall
    notify the Commission, before the auction concerned of the marginal
    costs anticipated to be associated with such relocation or with
    modifications necessary to accommodate prospective licensees. The
    Commission in turn shall notify potential bidders of the estimated
    relocation or modification costs based on the geographic area
    covered by the proposed licenses before the auction.[^93] The
    NDAA-99 also requires that any person on whose behalf a Federal
    entity incurs costs shall compensate the Federal entity either
    through cash payment or in-kind compensation in advance of such
    costs.[^94]

59. We make proposals below for how best to carry out these statutory
    requirements. Recognizing important National Security concerns,
    separate procedures are proposed for unclassified and classified or
    sensitive Government facilities. We request comment on these
    proposals. Specifically, we seek comment on what relocation
    information is necessary for the FCC to hold a viable auction and
    for potential bidders to formulate bidding strategies. Commenters
    are invited to suggest additional information or information formats
    that would be of benefit to them in determining their bidding
    strategies. Commenters should explain how their suggestions provide
    the information necessary for bidders to plan their strategies and
    expenditures.

60. *Unclassified Government Facilities:* With respect to these
    requirements, we propose that NTIA provide us the following
    information for unclassified Government facilitates for each
    spectrum block in each license area:

\(1\) List of Government facilities.

\(2\) Government agency operating each facility.

\(3\) Location of each facility.

> \(4\) General type of operation and equipment (*e.g.*, fixed
> microwave, tactical mobile radio, *etc.*).

\(5\) Whether the facility can be retuned, modified, or must be
relocated.

\(6\) Estimated marginal cost of retuning, modification, or relocation.

\(7\) Whether the facility overlaps two or more license areas or
spectrum blocks.

\(8\) Total Costs of Relocation (Cap).

61. We propose to provide this information to potential bidders by
    public notice in advance of each auction, where possible at the same
    time that we notify potential bidders of the deadline for filing
    short form applications, and otherwise as soon as possible after
    receipt of this information from NTIA.[^95] The foregoing
    information would be provided only with respect to unclassified
    Government facilities about which information has been released into
    the public domain.

62. *Classified Government Facilities*: As with all matters involving
    spectrum allocated to government use, this proceeding has been the
    subject to coordination with NTIA and the Interdepartment Radio
    Advisory Committee (\"IRAC\").[^96] During the IRAC coordination
    process, NTIA informed the Commission in staff discussions that
    separate procedures will likely be required for classified data and
    sensitive Government stations.[^97] Final procedures governing the
    release of classified and sensitive data will be addressed in a
    proceeding conducted by NTIA.[^98]

63. Recognizing the need to safeguard national security and meet the
    obligations of our statutory requirements[^99], we seek comment on
    the minimum amount of relocation information for classified and
    sensitive facilities necessary for the FCC to hold a viable auction
    and for potential bidders to formulate bidding strategies. One
    option would be for NTIA to provide a maximum total cost amount for
    relocating, retuning, or modifying all classified and sensitive
    systems to potential bidders. This cost figure would be broken down
    by license service area and spectrum block for the cost of
    relocating, retuning, or modifying all such systems consistent with
    the NDAA statutory language and national security concerns. We could
    ask NTIA to provide different data that could be made available at
    different stages of the auctions. For example, we could request that
    total cost could be provided to potential bidders, while winning
    bidders or their designees could obtain appropriate security
    clearances to obtain more detailed equipment specific data.[^100]
    Given national security concerns, in some cases it may not be
    possible to release any information other than a total cost for the
    relocation, retuning or modification of the systems at issue.

#### Government Operations\' Right to Reclaim

64. BBA-97 provides that, if within one year after relocation, a
    Government entity demonstrates to the Commission that its new
    facilities are not comparable to the facilities or spectrum from
    which it was relocated, the new licensee must take reasonable steps
    to remedy any defects of the new facilities, or must pay the
    Government entity for costs incurred to relocate back to its
    original facilities or frequencies.[^101] In accordance with the
    provisions of BBA-97, we propose to require any new licensee that
    has relocated a Government facility to either remedy any defects of
    the new facilities, or pay to relocate the Government facility back
    to its original facilities or frequencies in any case where a
    Government entity\'s new facilities are not comparable. We propose
    to use our existing rules as a basis for defining comparable
    facilities of communications systems. Thus, we propose to define
    comparable facilities of communications systems for purposes of
    BBA-97 by the following three factors:

```{=html}
<!-- -->
```
(1) *Throughput* - Communications throughput is the amount of
    information transferred within a system in a given amount of time.
    If analog facilities are being replaced with analog, comparable
    facilities provide an equivalent number of 4 kHz voice channels. If
    digital facilities are being replaced with digital, comparable
    facilities provide equivalent data loading bits per second (bps).

\(2\) *Reliability* - System reliability is the degree to which
information is transferred accurately within a system. Comparable
facilities provide reliability equal to the overall reliability of the
\[relocated\] system. For digital systems, reliability is measured by
the percent of time the bit error rate (BER) exceeds a desired value,
and for analog or digital voice transmission, it is measured by the
percent of time that audio signal quality meets an established
threshold. If an analog system is replaced with a digital system, only
the resulting frequency response, harmonic distortion, signal-to-noise
and its reliability will be considered in determining comparable
reliability.

> \(3\) *Operating Costs* - Operating costs are the cost to operate and
> maintain the Government system. New licensees would compensate
> Government entities for any increased recurring costs associated with
> the replacement facilities (*e.g.*, additional rental payments, and
> increased utility fees) for five years after relocation. New licensees
> could satisfy this obligation by making a lump-sum payment based on
> present value using current interest rates. Additionally, the
> maintenance costs to the Government entity must be equivalent to the
> pre-relocation system in order for the replacement system to be
> comparable.[^102]

65. Some of the Government systems occupying the bands addressed here
    are specialized or non-communications systems, such as radar
    systems. In these cases, our comparability criteria may not be
    appropriate measures for Government stations required to relocate.
    Operational capability (ability to perform the intended mission
    functions) may have to be addressed. For example, to measure
    comparability for radar systems it may be more accurate to consider
    target detection probabilities. Radar systems comparability is
    measured in terms of bandwidth and target resolution. Radar systems
    also require optimal frequency bands to perform certain functions.
    For example surveillance functions are preferred at low frequencies
    and weapon control at higher frequencies. In such cases, we intend
    to use performance-based criteria in judging comparability, and we
    request comment on what criteria would be appropriate for evaluating
    comparability for these Government systems.

66. We propose to require Government entities to demonstrate that their
    new facilities or spectrum are not comparable to their former
    facilities or spectrum in one or more of the respects defined above.
    Once the Government entity has made such a demonstration, we propose
    to order the new licensee to take reasonable steps to remedy the
    defects or compensate the Government entity for expenses incurred in
    returning the Government facility back to its original facilities or
    spectrum. We request comment on all aspects of this proposal,
    especially on whether we should consider any other criteria for
    comparable facilities or modify the proposed criteria.

# PROCEDURAL MATTERS

## Initial Regulatory Flexibility Analysis

67. As required by Section 603 of the Regulatory Flexibility Act, 5
    U.S.C. § 603, the Commission has prepared an Initial Regulatory
    Flexibility Analysis (IRFA) of the expected impact on small entities
    of the proposals suggested in this document. The IRFA is set forth
    in Appendix B. Written public comments are requested on the IRFA.
    These comments must be filed in accordance with the same filing
    deadlines as comments filed in this *Notice of Proposed Rule Making
    ("Notice")*, but they must have a separate and distinct heading
    designating them as responses to the IRFA. The Commission's Consumer
    Information Bureau, Reference Information Center, SHALL SEND a copy
    of this *Notice*, including the IRFA, to the Chief Counsel for
    Advocacy of the Small Business Administration in accordance with
    Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. § 603(a).

## *Ex Parte* Rules - - Permit-But-Disclose Proceeding

68. This is a permit-but-disclose notice and comment rule making
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, provided they are disclosed as provided
    in the Commission\'s rules. *See generally* 47 C.F.R. §§ 1.1202,
    1.1203, and 1.2306(a).

## Comments

69. Pursuant to Sections 1.415 and 1.419 of the Commission\'s rules, 47
    C.F.R. §§ 1.415 and 1.419, interested parties may file comments on
    or before \[**30 days from date of publication in the Federal
    Register**\] and reply comments on or before \[**60 days from date
    of publication in the Federal Register**\]. Comments may be filed
    using the Commission\'s Electronic Comment Filing System (ECFS),
    <http://www.fcc.gov/e-file/ecfs.html>, or by filing paper copies.
    *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    Fed. Reg. 23,121 (1998).

70. Comments filed through the ECFS can be sent as an electronic file
    via the Internet to <http://www.fcc.gov/e-file/ecfs.html>.
    Generally, only one copy of an electronic submission must be filed.
    If multiple docket or rule making numbers appear in the caption of
    this proceeding, however, commenters must transmit one electronic
    copy of the comments to each docket or rule making number referenced
    in the caption. In completing the transmittal screen, commenters
    should include their full name, Postal Service mailing address, and
    the applicable docket or rule making number. Parties may also submit
    an electronic comment by Internet e-mail. To get filing instructions
    for e-mail comments, commenters should send an e-mail to
    ecfs@fcc.gov, and should including the following words in the

71. body of the message, \"get form \<your e-mail address.\" A sample
    form and directions will be sent in reply.

72. Parties who choose to file by paper must file an original and four
    copies of each filing. If more than one docket or rule making number
    appear in the caption of this proceeding, commenters must submit two
    additional copies for each additional docket or rule making number.
    All filings must be sent to the Commission\'s Secretary, Magalie
    Roman Salas, Office of the Secretary, Federal Communications
    Commission, 445 12th Street, S.W., TW‑A325, Washington, D.C. 20554.
    Comments and reply comments will be available for public inspection
    during regular business hours in the FCC Reference Center of the
    Federal Communications Commission, Room TW-A306, 445 12th Street,
    S.W., Washington, D.C. 20554.

73. Parties who choose to file by paper should also submit their
    comments on diskette. Such a submission should be on a 3.5-inch
    diskette formatted in an IBM compatible format using Microsoft Word
    or compatible software. The diskette should be accompanied by a
    cover letter and should be submitted in "read only" mode. The
    diskette should be clearly labeled with the commenter's name,
    proceeding (including the lead docket number, type of pleading
    (comment or reply comment), date of submission, and the name of the
    electronic file on the diskette. The label should also include the
    following phrase "Disk Copy -- Not an Original." Each diskette
    should contain only party's pleading, preferably in a single
    electronic file. In addition, commenters must send diskette copies
    to the Commission's copy contractor, International Transcription
    Service, Inc., 1231 20^th^ Street, NW., Washington, D.C. 20037.

74. Alternative formats (computer diskette, large print, audio cassette
    and Braille) are available to persons with disabilities by
    contacting Martha Contee at (202 ) 418-0260, TTY (202) 418-2555, or
    via e-mail to <mcontee@fcc.gov>. This Notice of Proposed Rule Making
    can also be downloaded at <http://www.fcc.gov/oet>.

## Contact Persons

75. For further information concerning this proceeding, contact Tom
    Mooring at 202/418-2450, tmooring@fcc.gov, Office of Engineering and
    Technology.

# ordering clauses

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

77. IT IS FURTHER ORDERED that the Commission's Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    NOTICE OF PROPOSED RULE MAKING, including the Initial Regulatory
    Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
    Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**APPENDIX A: PROPOSED RULES**

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

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

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

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

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

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

b\. Revise footnotes US210, US229, US276, US311, and US352; remove
footnotes US274 and US317; and add footnotes USxxx, USyyy, and USzzz.

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

The additions and revisions read as follows:

**§ 2.106 Table of Frequency Allocations.**

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 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   |
| previous  |           |           |           |           |         |
| page for  |           |           |           |           |         |
| 3         |           |           |           |           |         |
| 0.01-37.5 |           |           |           |           |         |
| MHz       |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 34-35   |
|           |           |           |           |           |         |
|           |           |           |           |           | FIXED   |
|           |           |           |           |           |         |
|           |           |           |           |           | MOBILE  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 35-36   |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 36-37   |
|           |           |           |           |           |         |
|           |           |           |           |           | FIXED   |
|           |           |           |           |           |         |
|           |           |           |           |           | MOBILE  |
|           |           |           |           |           |         |
|           |           |           |           |           | US220   |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 37-37.5 |
+-----------+-----------+-----------+-----------+-----------+---------+
| 3         |           |           |           |           | 37.5-38 |
| 7.5-38.25 |           |           |           |           |         |
|           |           |           |           |           | Radio   |
| FIXED     |           |           |           |           | as      |
|           |           |           |           |           | tronomy |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           | S5.149  |
| Radio     |           |           |           |           |         |
| astronomy |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.149    |           |           |           |           | 3       |
|           |           |           |           |           | 8-38.25 |
|           |           |           |           |           |         |
|           |           |           |           |           | FIXED   |
|           |           |           |           |           |         |
|           |           |           |           |           | MOBILE  |
|           |           |           |           |           |         |
|           |           |           |           |           | RADIO   |
|           |           |           |           |           | AS      |
|           |           |           |           |           | TRONOMY |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.149  |
|           |           |           |           |           | US81    |
+-----------+-----------+-----------+-----------+-----------+---------+
| 38.       |           |           |           |           | 3       |
| 25-39.986 |           |           |           |           | 8.25-39 |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           | FIXED   |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           | MOBILE  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 39-40   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 39.       |           |           |           |           |         |
| 986-40.02 |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 40-42   |
|           |           |           |           |           |         |
|           |           |           |           |           | FIXED   |
|           |           |           |           |           |         |
|           |           |           |           |           | MOBILE  |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 162       |           |           |           |           | Page 31 |
| .0125-322 |           |           |           |           |         |
| 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       |           |           |           |           | 162.012 |
| previous  |           |           |           |           | 5-173.2 |
| page for  |           |           |           |           |         |
| 156       |           |           |           |           | FIXED   |
| .8375-174 |           |           |           |           |         |
| MHz       |           |           |           |           | MOBILE  |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.226  |
|           |           |           |           |           | US8     |
|           |           |           |           |           | US11    |
|           |           |           |           |           | US13    |
|           |           |           |           |           | US216   |
|           |           |           |           |           | US223   |
|           |           |           |           |           | US300   |
|           |           |           |           |           | US312   |
|           |           |           |           |           | G5      |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 173.    |
|           |           |           |           |           | 2-173.4 |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 17      |
|           |           |           |           |           | 3.4-174 |
|           |           |           |           |           |         |
|           |           |           |           |           | 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     |           | US229     | FIXED     | (80)    |
|           |           |           |           |           |         |
|           | MARITIME  |           |           | MOBILE    | Private |
|           | MOBILE    |           |           | except    | Land    |
|           |           |           |           | aer       | Mobile  |
|           | Radi      |           |           | onautical | (90)    |
|           | olocation |           |           |           |         |
|           | S5.241    |           |           | mobile    | P       |
|           |           |           |           |           | ersonal |
|           | S5.242    |           |           | US229     | Radio   |
|           |           |           |           | NG152     | (95)    |
|           |           |           |           |           |         |
|           |           |           |           |           | 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 |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------------------+-----------+-----------+---------+
| 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      | S5.149    |         |
| S5.149    |                       | olocation |           |         |
|           |                       | G2        |           |         |
|           |                       |           |           |         |
|           |                       | S5.149    |           |         |
+-----------+-----------------------+-----------+-----------+---------+
| 1350-1400 | 1350-1400             | 1350-1390 | 1350-1390 |         |
|           |                       |           |           |         |
| FIXED     | RADIOLOCATION         | FIXED     | S5.149    |         |
|           |                       |           | S5.334    |         |
| MOBILE    |                       | MOBILE    | S5.339    |         |
|           |                       |           | US311     |         |
| RADI      |                       | RADI      |           |         |
| OLOCATION |                       | OLOCATION |           |         |
|           |                       | G2        |           |         |
|           |                       |           |           |         |
|           |                       | S5.149    |           |         |
|           |                       | S5.334    |           |         |
|           |                       | S5.339    |           |         |
|           |                       | US311 G27 |           |         |
|           |                       | G114      |           |         |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       | 1390-1395 | 1390-1395 |         |
|           |                       |           |           |         |
|           |                       | S5.149    | FIXED     |         |
|           |                       | S5.339    |           |         |
|           |                       | US311     | MOBILE    |         |
|           |                       | US351     | except    |         |
|           |                       |           | aer       |         |
|           |                       |           | onautical |         |
|           |                       |           |           |         |
|           |                       |           | mobile    |         |
|           |                       |           |           |         |
|           |                       |           | S5.149    |         |
|           |                       |           | S5.339    |         |
|           |                       |           | US311     |         |
|           |                       |           | US351     |         |
+-----------+-----------------------+-----------+-----------+---------+
| S5.149    | S5.149 S5.334 S5.339  | 1395-1400 | 1395-1400 | P       |
| S5.338    |                       |           |           | ersonal |
| S5.339    |                       | LAND      | LAND      | (95)    |
|           |                       | MOBILE    | MOBILE    |         |
|           |                       | US350     | US350     |         |
|           |                       |           |           |         |
|           |                       | S5.149    | S5.149    |         |
|           |                       | US5.339   | US5.339   |         |
|           |                       | US311     | US311     |         |
|           |                       | US351     | US351     |         |
+-----------+-----------------------+-----------+-----------+---------+
| 1400-1427 |                       |           | 1400-1427 |         |
|           |                       |           |           |         |
| EARTH     |                       |           | EARTH     |         |
| EXP       |                       |           | EXP       |         |
| LORATION- |                       |           | LORATION- |         |
| SATELLITE |                       |           | SATELLITE |         |
| (passive) |                       |           | (passive) |         |
|           |                       |           |           |         |
| RADIO     |                       |           | RADIO     |         |
| ASTRONOMY |                       |           | ASTRONOMY |         |
|           |                       |           | US74      |         |
| SPACE     |                       |           |           |         |
| RESEARCH  |                       |           | SPACE     |         |
| (passive) |                       |           | RESEARCH  |         |
|           |                       |           | (passive) |         |
| S5.340    |                       |           |           |         |
| S5.341    |                       |           | S5.341    |         |
|           |                       |           | US246     |         |
+-----------+-----------------------+-----------+-----------+---------+
| 1427-1429 |                       |           | 1427-1429 | 14      |
|           |                       |           |           | 27-1429 |
| SPACE     |                       |           | S5.341    |         |
| OPERATION |                       |           | US352     | SPACE   |
| (Earth-   |                       |           |           | OP      |
| to-space) |                       |           |           | ERATION |
|           |                       |           |           |         |
| FIXED     |                       |           |           | (E      |
|           |                       |           |           | arth-to |
| MOBILE    |                       |           |           | -space) |
| except    |                       |           |           |         |
| aer       |                       |           |           | FIXED   |
| onautical |                       |           |           |         |
| mobile    |                       |           |           | MOBILE  |
|           |                       |           |           | except  |
| S5.341    |                       |           |           | aeron   |
|           |                       |           |           | autical |
|           |                       |           |           |         |
|           |                       |           |           | mobile  |
|           |                       |           |           |         |
|           |                       |           |           | S5.341  |
|           |                       |           |           | US352   |
+-----------+-----------------------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 1429-1610 |           |           |           |           | Page 43 |
| 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 |           |           | 1429-1432 | 14      |
|           |           |           |           |           | 29-1432 |
| FIXED     | FIXED     |           |           | LAND      |         |
|           |           |           |           | MOBILE    | LAND    |
| MOBILE    | MOBILE    |           |           | US350     | MOBILE  |
| except    | S5.343    |           |           |           | US350   |
| aer       |           |           |           | S5.341    |         |
| onautical |           |           |           | US352     | S5.341  |
|           |           |           |           |           | US352   |
| Mobile    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 1432-1435 | 14      |
|           |           |           |           |           | 32-1435 |
|           |           |           |           | S5.341    |         |
|           |           |           |           | USxxx     | FIXED   |
|           |           |           |           |           |         |
|           |           |           |           |           | MOBILE  |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.341  |
|           |           |           |           |           | USxxx   |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.341    | S5.341    |           |           | 1435-1525 |         |
| S5.342    |           |           |           |           |         |
|           |           |           |           | MOBILE    |         |
|           |           |           |           | (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    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 1670-2110 |           |           |           |           | Page 47 |
| MHz (UHF) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1670-1675 |           |           |           |           | 16      |
|           |           |           |           |           | 70-1675 |
| METEO     |           |           |           |           |         |
| ROLOGICAL |           |           |           |           | S5.341  |
| AIDS      |           |           |           |           | US211   |
|           |           |           |           |           | USyyy   |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| METEOR    |           |           |           |           |         |
| OLOGICAL- |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
|           |           |           |           |           |         |
| 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 |           |           |           |           | 17      |
|           |           |           |           |           | 10-1755 |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           | FIXED   |
| MOBILE    |           |           |           |           |         |
| S5.380    |           |           |           |           | MOBILE  |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.341  |
|           |           |           |           |           | US256   |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.392    |           |           |           |           | MOBILE  |
|           |           |           |           |           | (line-o |
|           |           |           |           |           | f-sight |
|           |           |           |           |           | only    |
|           |           |           |           |           |         |
|           |           |           |           |           | in      |
|           |           |           |           |           | cluding |
|           |           |           |           |           | aeron   |
|           |           |           |           |           | autical |
|           |           |           |           |           | tele-   |
|           |           |           |           |           |         |
|           |           |           |           |           | metry,  |
|           |           |           |           |           | but     |
|           |           |           |           |           | ex      |
|           |           |           |           |           | cluding |
|           |           |           |           |           | flight  |
|           |           |           |           |           |         |
|           |           |           |           |           | testing |
|           |           |           |           |           | of      |
|           |           |           |           |           | manned  |
|           |           |           |           |           | ai      |
|           |           |           |           |           | rcraft) |
|           |           |           |           |           |         |
|           |           |           |           |           | SPACE   |
|           |           |           |           |           | R       |
|           |           |           |           |           | ESEARCH |
|           |           |           |           |           | (space  |
|           |           |           |           |           |         |
|           |           |           |           |           | -to     |
|           |           |           |           |           | -Earth) |
|           |           |           |           |           | (s      |
|           |           |           |           |           | pace-to |
|           |           |           |           |           | -space) |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.392  |
|           |           |           |           |           | US303   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2290-2300 |           |           |           |           | 22      |
|           |           |           |           |           | 90-2300 |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           | FIXED   |
| MOBILE    |           |           |           |           |         |
| except    |           |           |           |           | MOBILE  |
| aer       |           |           |           |           | except  |
| onautical |           |           |           |           | aeron   |
| mobile    |           |           |           |           | autical |
|           |           |           |           |           |         |
| SPACE     |           |           |           |           | mobile  |
| RESEARCH  |           |           |           |           |         |
| (deep     |           |           |           |           | SPACE   |
| space)    |           |           |           |           | R       |
| (space-   |           |           |           |           | ESEARCH |
| to-Earth) |           |           |           |           | (deep   |
|           |           |           |           |           |         |
|           |           |           |           |           | space)  |
|           |           |           |           |           | (s      |
|           |           |           |           |           | pace-to |
|           |           |           |           |           | -Earth) |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2300-2450 | 2300-2450 |           |           | 2300-2305 | 23      |
|           |           |           |           |           | 00-2305 |
| FIXED     | FIXED     |           |           |           |         |
|           |           |           |           |           | Amateur |
| MOBILE    | MOBILE    |           |           |           |         |
|           |           |           |           |           |         |
| Amateur   | RADI      |           |           |           |         |
|           | OLOCATION |           |           |           |         |
| Radi      |           |           |           |           |         |
| olocation | Amateur   |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 2305-2310 | 23      |
|           |           |           |           |           | 05-2310 |
|           |           |           |           | US338     |         |
|           |           |           |           |           | FIXED   |
|           |           |           |           |           |         |
|           |           |           |           |           | MOBILE  |
|           |           |           |           |           | except  |
|           |           |           |           |           | aeron   |
|           |           |           |           |           | autical |
|           |           |           |           |           |         |
|           |           |           |           |           | mobile  |
|           |           |           |           |           |         |
|           |           |           |           |           | RADIOL  |
|           |           |           |           |           | OCATION |
|           |           |           |           |           |         |
|           |           |           |           |           | Amateur |
|           |           |           |           |           |         |
|           |           |           |           |           | US338   |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 2310-2360 | 23      |
|           |           |           |           |           | 10-2320 |
|           |           |           |           | Fixed     |         |
|           |           |           |           |           | FIXED   |
|           |           |           |           | Mobile    |         |
|           |           |           |           | US339     | MOBILE  |
|           |           |           |           |           | US339   |
|           |           |           |           | Radi      |         |
|           |           |           |           | olocation | RADIOL  |
|           |           |           |           | G2 G120   | OCATION |
|           |           |           |           |           |         |
|           |           |           |           |           | BROADC  |
|           |           |           |           |           | ASTING- |
|           |           |           |           |           |         |
|           |           |           |           |           | SA      |
|           |           |           |           |           | TELLITE |
|           |           |           |           |           | US327   |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.396  |
|           |           |           |           |           | US338   |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 23      |
|           |           |           |           |           | 20-2345 |
|           |           |           |           |           | BROADC  |
|           |           |           |           |           | ASTING- |
|           |           |           |           |           |         |
|           |           |           |           |           | SA      |
|           |           |           |           |           | TELLITE |
|           |           |           |           |           | US327   |
|           |           |           |           |           |         |
|           |           |           |           |           | Mobile  |
|           |           |           |           |           | US276   |
|           |           |           |           |           | US328   |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.396  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | S5.396    | See     |
|           |           |           |           | US327     | next    |
|           |           |           |           | US328     | page    |
|           |           |           |           |           | for     |
|           |           |           |           |           |         |
|           |           |           |           |           | 23      |
|           |           |           |           |           | 45-2450 |
|           |           |           |           |           | MHz     |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.150    | S5.150    |           |           | See next  |         |
| S5.282    | S5.282    |           |           | page      |         |
| S5.395    | S5.393    |           |           |           |         |
|           | S5.394    |           |           |           |         |
|           | S5.396    |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 2345-2655 |           |           |           |           | Page 51 |
| 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     |
| previous  |           |           |           |           | p       |
| page for  |           |           |           |           | revious |
| 2300-2450 |           |           |           |           | page    |
| MHz       |           |           |           |           | for     |
|           |           |           |           |           |         |
|           |           |           |           |           | 23      |
|           |           |           |           |           | 10-2360 |
|           |           |           |           |           | MHz     |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 23      |
|           |           |           |           |           | 60-2385 |
|           |           |           |           |           |         |
|           |           |           |           |           | MOBILE  |
|           |           |           |           |           | US276   |
|           |           |           |           |           |         |
|           |           |           |           |           | RADIOL  |
|           |           |           |           |           | OCATION |
|           |           |           |           |           | G2      |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           |         |
|           |           |           |           |           | G120    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 23      |
|           |           |           |           |           | 85-2390 |
|           |           |           |           |           |         |
|           |           |           |           |           | USzzz   |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 23      |
|           |           |           |           |           | 90-2400 |
|           |           |           |           |           |         |
|           |           |           |           |           | G122    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 24      |
|           |           |           |           |           | 00-2402 |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.150  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 24      |
|           |           |           |           |           | 02-2417 |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.150  |
|           |           |           |           |           | G122    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           | 24      |
|           |           |           |           |           | 17-2450 |
|           |           |           |           |           |         |
|           |           |           |           |           | Radiol  |
|           |           |           |           |           | ocation |
|           |           |           |           |           | G2      |
|           |           |           |           |           |         |
|           |           |           |           |           | S5.150  |
|           |           |           |           |           | 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, Government operations are on a
non-interference basis to authorized non-Government operations and shall
not hinder the implementation of any non-Government operations, except
at the following space surveillance stations where Government operations
are co-primary:

  -------------- ------------ ------------ ----------------- ------------ ------------
  Transmit                                 Receive                        
  Frequency of                             Frequencies of                 
  216.98 MHz                               216.965-216.995                
                                           MHz                            

  Location       North        Protection   Location          North        Protection
                 Latitude/    Radius                         Latitude/    Radius
                 West                                        West         
                 Longitude                                   Longitude    

  Lake Kickapoo, 33° 32\' /   250 km       San Diego, CA     32° 34\' /   50 km
  TX             098° 45\'                                   116° 58\'    

  Jordan Lake,   32° 39\' /   150 km       Elephant Butte,   33° 26\' /   50 km
  AL             086° 15\'                 NM                106° 59\'    

  Gila River, AZ 33° 06\' /   150 km       Red River, AR     33° 19\' /   50 km
                 112° 01\'                                   093° 33\'    

                                           Silver Lake, MO   33° 08\' /   50 km
                                                             091° 01\'    

                                           Hawkinsville, GA  32° 17\' /   50 km
                                                             083° 32\'    

                                           Fort Stewart, GA  31° 58\' /   50 km
                                                             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.

\* \* \* \* \*

78. US311 Radio astronomy observations may be made in the bands
    1350-1400 MHz and 4950-4990 MHz on an unprotected basis at certain
    radio astronomy observatories indicated below:

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

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

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

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

                                Latitude (North)   Longitude (West)

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

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

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

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

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

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

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

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

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

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

Every practicable effort will be made to avoid the assignment of
frequencies in the bands 1350-1400 MHz and 4950-4990 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.

\* \* \* \* \*

US352 In the band 1427-1432 MHz, Government operations, except for
medical telemetry operations in the sub-band 1429-1432 MHz, are on a
non-interference basis to authorized non-Government operations and shall
not hinder the implementation of any non-Government operations, except
at the sites identified below where Government operations are co-primary
until January 1, 2004.

  ------------------- ------------ -------- --------------- ------------ --------
  Location            North        Radius   Location        North        Radius
                      Latitude/                             Latitude/    
                      West                                  West         
                      Longitude                             Longitude    

  Patuxent River, MD  38° 17\' /   70 km    Mountain Home   43° 01\' /   160 km
                      076° 25\'             AFB, ID         115° 50\'    

  NAS Oceana, VA      36° 49\' /   100 km   NAS Fallon, NV  39° 24\' /   100 km
                      076° 02\'                             118° 43\'    

  MCAS Cherry Point,  34° 54\' /   100 km   Nellis AFB, NV  36° 14\' /   100 km
  NC                  076° 52\'                             115° 02\'    

  Beaufort MCAS, SC   32° 26\' /   160 km   NAS Lemore, CA  36° 18\' /   120 km
                      080° 40\'                             119° 47\'    

  NAS Cecil Field, FL 30° 13\' /   160 km   Yuma MCAS, AZ   32° 39\' /   160 km
                      081° 52\'                             114° 35\'    

  NAS Whidbey IS., WA 48° 19\' /   70 km    China Lake, CA  35° 29\' /   80 km
                      122° 24\'                             117° 16\'    

  Yakima Firing Ctr   46° 40\' /   70 km    MCAS Twenty     34° 15\' /   80 km
  AAF, WA             120° 15\'             Nine Palms, CA  116° 03\'    
  ------------------- ------------ -------- --------------- ------------ --------

\* \* \* \* \*

USxxx In the band 1432-1435 MHz, Government operations are on a
non-interference basis to authorized non-Government operations and shall
not hinder the implementation of any non-Government operations, except
at the sites identified below where Government operations are
co-primary:

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

USyyy In the band 1670-1675 MHz, Government operations are on a
non-interference basis to authorized non-Government operations and shall
not hinder the implementation of any non-Government operations, except
that the Geostationary Orbit Environmental Satellite receiving earth
station at Wallops Island, VA (37° 56\' 47\'\' N, 75° 27\' 37\'\' W)
operates on a co-primary basis.

USzzz Until January 1, 2005, the band 2385-2390 MHz is also allocated to
the Government mobile and radiolocation services on a co-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. On January 1, 2005,
Government operations in the band 2385-2390 MHz shall be on a
non-interference basis to authorized non-Government operations and shall
not hinder the implementation of any non-Government operations, except
at the sites identified below where Government operations are co-primary
until January 1, 2007.

  ------------- ------------ ------------ ---------------- ------------ ------------
  Location      North        Protection   Location         North        Protection
                Latitude/    Radius                        Latitude/    Radius
                West                                       West         
                Longitude                                  Longitude    

  Yuma Proving  32° 54\' /   160 km       Palm Beach       26° 54\' /   160 km
  Ground, AZ    114° 20\'                 County, FL       080° 19\'    

  Nellis AFB,   37° 48\' /   160 km       Barking Sands,   22° 07\' /   160 km
  NV            116° 28\'                 HI               159° 40\'    

  White Sands   32° 58\' /   160 km       Roosevelt Roads, 18° 14\' /   160 km
  Missile       106° 23\'                 PR               065° 38\'    
  Range, NM                                                             

  Utah Test     40° 12\' /   160 km       Glasgow, MT      48° 25\' /   160 km
  Range, UT     112° 54\'                                  106° 32\'    

  China Lake,   35° 40\' /   160 km       Edwards AFB, CA  34° 54\' /   100 km
  CA            117° 41\'                                  117° 53\'    

  Eglin AFB, FL 30° 30\' /   160 km       Patuxent River,  38° 17\' /   100 km
                086° 30\'                 MD               076° 25\'    

  Cape          28° 33\' /   160 km       Witchita, KS     37° 40\' /   160 km
  Canaveral, FL 080° 34\'                                  097° 26\'    

  Seattle, WA   47° 32\' /   160 km       Roswell, NM      33° 18\' /   160 km
                122° 18\'                                  104° 32\'    

  St. Louis, MO 38° 45\' /   160 km                                     
                090° 22\'                                               
  ------------- ------------ ------------ ---------------- ------------ ------------

\* \* \* \* \*

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.

\* \* \* \* \*

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**

3\. 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).

4\. Section 90.248 is revised to read as follows:

**§ 90.248 Wildlife and ocean buoy tracking.**

\(a\) The frequency band 40.66-40.7 MHz may be used for the tracking of,
and the telemetry of scientific data from, ocean buoys and animal
wildlife.

\* \* \* \* \*

\(2\) Reserved.

\* \* \* \* \*

**APPENDIX B**

Initial Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act (RFA)[^103] the Commission
has prepared this present Initial Regulatory Flexibility Analysis (IRFA)
of the possible significant economic impact on small entities by the
policies and rules proposed in this Notice of Proposed Rule Making
(Notice). Written public comments are requested on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments on the Notice of Proposed Rule Making provided
above in paragraph 60. The Commission will send a copy of the Notice of
Proposed Rule Making including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration. *See* 5 U.S.C. § 603(a).
In addition, the Notice of Proposed Rule Making and IRFA will be
published in the Federal Register.

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

We proposed to allocate a total of 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 transferred from Government to
non-Government use pursuant to the provisions of the Omnibus Budget
Reconciliation Act of 1993 and the Balanced Budget Act of 1997. 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 proposals presented 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.

This Notice proposes general Fixed Service and Mobile Service allocation
for each of the bands addressed, and asks questions about other possible
allocations. The Notice also solicits comment on potential service rules
for the services to which the bands may be allocated.

B.  **Legal Basis.**

This action is taken pursuant to Sections 4(i), 7(a), 303(c), 303(f),
303(g), and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and 303(r).

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

The RFA directs agencies to provide a description of, and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.[^104] The RFA generally
defines the term \"small entity\" as having the same meaning as the
terms \"small business,\" \"small organization,\" and \"small
governmental jurisdictions.\" In addition, the term \"small business\"
has the same meaning as the term \"small business concern\" under the
Small Business Act, 15 U.S.C. § 632, unless the Commission has developed
one or more definitions that are appropriate to its activities.[^105] A
\"small business concern\" is one that: (1) is independently owned and
operated; (2) is not dominant in its field of operation; and (3) meets
any additional criteria established by the Small Business Administration
(\"SBA\").[^106]

A small organization is generally "any not-for-profit enterprise which
is independently owned and operated and is not dominant in its
field."[^107] Nationwide, as of 1992, there were approximately 275,801
small organizations.[^108] The definition of "small governmental
jurisdiction" is one with populations of fewer than 50,000.[^109] There
are 85,006 governmental jurisdictions in the nation.[^110] This number
includes such entities as states, counties, cities, utility districts
and school districts. There are no figures available on what portion of
this number has populations of fewer than 50,000. However, this number
includes 38,978 counties, cities and towns, and of those, 37,556, or 96
percent, have populations of fewer than 50,000.[^111] The Census Bureau
estimates that this ratio is approximately accurate for all government
entities. Thus, of the 85,006 governmental entities, we estimate that 96
percent, or about 81,600, are small entities that may be affected by our
rules. Nationwide, there are 4.44 million small business firms,
according to SBA reporting data.[^112]

The Notice proposes to allocate 27 megahertz of spectrum, licenses in
some of which will be assigned by auction, and licenses in some of which
may be assigned by auctioned. The Notice proposes very broad allocations
of this spectrum, and asks questions designed to produce public comment
which will allow the Commission to allocate and authorize the spectrum
to more narrow, specific services. The Commission has not yet determined
or proposed how many licenses will be awarded, nor will it know how many
licensees will be small businesses until auctions, if required, are
held. In addition, at this point in the proceeding, the Commission does
not know how many licensees may partition their license areas or
disaggregate their spectrum blocks, if partitioning and disaggregation
are allowed. We therefore assume that, for purposes of our evaluations
and conclusions in the IRFA, all of the prospective licensees in the
bands addressed in the Notice are small entities, as that term is
defined by the SBA.

Incumbent services in the 216-220 MHz band, which the Notice proposes to
allocate on a primary basis to the Fixed and Mobile Services, include
the Automated Maritime Telecommunications Service (AMTS), telemetry
users and Low Power Radio Service 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. There are
only three AMTS licensees, none of whom are small businesses. However,
potential licensees in AMTS include all public coast stations, which are
classified by the Small Business Administration as Radiotelephone
Service Providers, Standard Industrial Classification Code 4812.[^113]
The Commission has defined a \"small entity\" public coast station as
one employing no more than 1500 persons.[^114] 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 the proposed rules.

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. The Low Power Radio Service 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 Low Power Radio Service licensees are likely to be small
businesses. However, because the Low Power Radio Service is licensed by
rule, with no requirement for individual license applications or
documents, the Commission is unable to estimate how many small
businesses use the Low Power Radio Service.

The incumbent service in the 1427-1429 MHz band is a telemetry licensee.
The Commission has issued only one telemetry license in the band, and
Itron, Inc., the licensee, with an investment of \$100 million in
equipment development, is not likely to be a small business.

The incumbent services in the 1429-1432 MHz band include utility
telemetry, with Itron, Inc. as the only licensee, and medical telemetry.
As stated above, Itron, Inc. is not likely to be a small business. Users
of medical telemetry are hospitals and medical care facilities, some of
which are likely to be small businesses.

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.[^115] 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.

We invite comment on this analysis, particularly on the number of small
businesses that are likely to be affected by these proposed rules.
Commenters are invited to address how the proposed rules affect small
businesses, and to suggest alternative rules.

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

Entities interested in acquiring spectrum in the bands at issue in the
*Notice* will be required to submit license applications and high
bidders will be required to apply for their individual licenses.
Additionally, new licensees will be required to file applications for
license renewals and make certain other filings as required by the
Communications Act. We request comment on how these requirements can be
modified to reduce the burden on small entities and still meet the
objectives of the proceeding.

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

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. We have further discussed these
services at some length, and have requested public comment on how we can
accommodate incumbents in these bands during the reallocation process.

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

None.

**SEPARATE STATEMENT OF CHAIRMAN WILLIAM E. KENNARD**

*Re: In the Matter of 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*

The explosive growth in wireless communications has created tremendous
demand for spectrum. The steps we take today will introduce 27 MHz of
additional spectrum into the marketplace for companies to provide new
and exciting services to consumers. 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 the FCC's obligation as mandated by
Congress to assign this spectrum for non-Government use. I am
particularly pleased by the participation of several small innovative
companies in this proceeding.

This proceeding establishes reimbursement procedures for the relocation
of Federal incumbents pursuant to the National Defense Authorization Act
of 1999. This is a very difficult issue and will require close
coordination and cooperation between the FCC and the National
Telecommunications and Information Administration (NTIA). The
Communications Act assigns shared jurisdiction over radio spectrum to
the FCC and NTIA.[^116] The FCC and NTIA have developed coordination
procedures to manage this shared jurisdiction in a Memorandum of
Understanding (MOU). This MOU requires the FCC and NTIA (on behalf of
all Federal Agencies) to provide each other with advance notice of all
proposed actions which would tend to cause interference to each other's
operations in time for the other agency to comment prior to final
action. Under the terms of the MOU, final action by either agency does
not require approval by the other agency. Consistent with Commission
rules, NTIA provided input on the proceeding prior to final
adoption,[^117] but the Commission independently made its own final
decisions. Despite claims otherwise, I am confident that this process
was fair and transparent and consistent with both statutory requirements
and Commission rules.

SEPARATE STATEMENT OF COMMISSIONER SUSAN NESS AND

COMMISSIONER GLORIA TRISTANI

*Re: In the Matter of 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*

We support the steps the Commission takes today toward making available
an additional 27 megahertz of spectrum for an array of wireless
services, including personal location and other public safety services,
Little LEO satellite services, private land mobile services and utility
telemetry services. All of these potential uses of the spectrum are of
value to American consumers. We urge this agency to move expeditiously
with the transition of this spectrum from current government use.

As underscored in the Omnibus Budget Reconciliation Act of 1993
("OBRA-93") and the Balanced Budget Act of 1997 ("BBA-97"), the FCC must
work hand in hand with the National Telecommunications and Information
Administration ("NTIA") to develop and execute an appropriate
reimbursement regime for government users when this spectrum is
reallocated.[^118] The relevant statute provides that "NTIA and the
Commission shall develop \[procedures to reimburse Federal incumbents
for relocation costs. These\] procedures shall include a process for
resolving any differences that arise between the Federal Government and
commercial licensees regarding estimates of relocation or modification
costs under this paragraph."[^119] This specific requirement is
consistent with the Congress' general assignment to the Commission and
NTIA of shared jurisdiction over spectrum.[^120]

Under these statutory mandates, the Commission has worked with NTIA to
address issues presented by the transfer of this spectrum. As
Commissioner Ness has previously indicated, there has been a need to
develop a better process for coordination between our agencies.[^121]
While NTIA's consultation should be obtained promptly on policies that
impact frequencies on which the Government operates, the Commission
cannot sacrifice its independent judgment when deciding matters such as
the allocation of the 27 MHz at issue in this proceeding. We must ensure
that our processes are open, and we must transparently formulate our
policy. As with our assessment of ultrawide band technology, the
allocation of new frequencies for the rapid introduction of 3^rd^
generation wireless services may depend in significant part on our
success in properly balancing the role of the Commission and NTIA in the
rulemaking process.

Over the past several months, the FCC and NTIA have improved
coordination procedures to better manage our shared jurisdiction. We
provide NTIA with advance notice of all proposed actions that might
cause interference to Federal operations in sufficient time for comment
prior to final action. While NTIA is encouraged to provide input into
the Commission's decisions prior to final adoption, the Commission
renders its decisions independently. The efforts and good will of our
respective staffs have improved the process, although more needs to be
done to achieve an appropriate level of transparency. The public has the
right to understand and address issues that might arise from conflicting
interests between Government and commercial use of spectrum.

As for the instant proceeding, despite any "back and forth" between the
staffs of the Commission and NTIA, we are confident that this agency
exercised its own independent judgment in adopting the Notice we issue
today. We anticipate vigorous open debate on bidders' need for
information on relocation costs of Government licensees, as well as the
relocation process in general. In resolving the issues, the Commission
will carefully weigh the concerns of NTIA and its constituents, as well
as all parties to this proceeding.

# SEPARATE STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH {#separate-statement-of-commissioner-harold-furchtgott-roth .unnumbered}

*Re 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.*

I support today's decision to move forward in the transition of these
spectrum bands from government to private use. I look forward to the
development of a full record regarding the panoply of services that may
be made available in these bands, including utility telemetry, Little
LEO satellite services, public safety, and personal location services.
These are very significant allocations and it is my hope that the
Commission will examine fully each of these possible applications.

This Order also tackles a much larger issue: the appropriate relocation
procedure for incumbent government radio operations under the National
Defense Authorization Act of 1999. Relocation of government incumbents,
much like relocation policy generally, is a very difficult issue. As I
stated in one recent relocation decision, "\[t\]he consequences of
crafting a faulty relocation policy are enormous. If the FCC sets
relocation costs too high, artificially high entry costs may prevent the
offering of economically efficient services. Alternatively, if
relocation costs are set too low, the Commission may essentially be
funding new entrants on the backs of \[\] incumbents."[^122] The stakes
here are particularly high because relocation of government incumbents
may be a key link in the availability of spectrum for third generation
(3G) and other new technologies.

The challenges in the government occupied bands are particularly
daunting. Congress recognized this challenge and delegated
responsibility to the FCC and NTIA to craft a solution jointly. The
statute requires that "\[t\]he NTIA and the Commission . . . develop
procedures for the implementation of this paragraph, which procedures
shall include a process for resolving any differences that arise between
the Federal Government and commercial licensees regarding estimates or
relocation or modification costs. . . "[^123] The process that led to
today's order is a somewhat troubling first step in this joint
undertaking.

The statute contemplates a process involving both agencies. Although I
believe that a joint proceeding may have been the most effective
procedure, the agencies' staffs determined that a division of rulemaking
responsibility with close coordination was the best approach. The
agencies share a mandate to act in the public interest and each has a
role to play in this process. For the Commission, our role is to provide
commercial parties with the information they need to participate in a
successful auction and eventually roll out new and innovative services
to the American people. NTIA must ensure that governmental operations
are fully protected, through relocation or modification. Our goals are
not contrary to one another. However, implementing Congress' goals does
require a high level of cooperation between NTIA and the FCC.

Unfortunately the process that led to the adoption of this item was not
indicative of a cooperative relationship between two equal partners.
After our experience in the ultrawideband proceeding, the Commissioner
offices requested that any NTIA changes be specifically vetted with the
offices prior to any voting. Thus, I had a bird's eye view of this
coordinated "process." Indeed, NTIA wrangled with Commission staff over
everything from word changes to whether or not it was "permissible" for
the NPRM to discuss satellite uses of this spectrum. The adoption
process was significantly delayed by NTIA's repeated reviews, shifts in
position, and endless editing. Ultimately, the Commission refused to
vote the item until this process was complete.

It is essential for the Commission to maintain its independence,
particularly the integrity of the decision-making process at the
Commission level. As I stated a few short months ago, "I believe it is
important that the FCC consult with NTIA regarding regulatory policy
that may impact government bands. Once the staff has a complete record
and develops its final recommendation for the Commission, NTIA should
not be provided with additional drafts or have 'sign off' authority on
revisions. The circulated Order should be the sole province of the
Commissioners and the staff. NTIA has every right to be heard, but no
right to edit every word."[^124]

In a disturbing trend, some have shown a distressing willingness to cede
significant institutional ground to NTIA behind closed doors. The FCC
has at times been relegated to an almost subservient role of merely
rubberstamping those decisions that have the prior approval of the
Administration. Indeed, absent close attention, this process may
transform NTIA from a partner into a supervisor. For example, indicative
of this trend is the apparent expectation of NTIA revealed in a cover
letter to the FCC's staff regarding this item: "NTIA staff . . . have
identified a number of necessary changes prior to release of the
rulemaking." At the end of the day, the Commissioners must be the sole
arbitrators of what changes are "necessary" to FCC items, and NTIA can
only expect that we will fully consider their recommendations. The
public has every right to expect that our decisions reflect our views --
and we will be held accountable for those decisions. But by blurring
these lines \-- and allowing the shrouded hand of NTIA to take the pen
-- we undermine the authority of the Commission itself.

If NTIA has concerns about the FCC's policy, there is a very public
process for addressing those concerns on the record. The repeated use of
back door editing and policy pressure does not serve the American people
well. If the Commission ever allows these tactics to succeed, it
undermines the integrity and transparency of our work.

Third generation and other wireless technologies anxiously await our
spectrum policy decisions. Those decisions must be made *with* NTIA, not
*by* NTIA. This distinction is all the more important in this case
because NTIA's constituency is the incumbents that must be relocated or
modified to allow for commercial services. While those incumbents are
entitled to be made whole, nothing more is required. As Congress
envisioned, the Commission (with its institutional interest in new
commercial entrants) and NTIA (with its incumbent constituency) must
work together to generate a balanced and fair process for the evolution
of these bands. Just as I have long been an advocate of the FCC staying
within its statutory mandate, I must also be an advocate for the
Commission to live up to its statutory responsibility to be a full and
equal partner in relocation policy.

[^1]: Pub. L.103‑66, 107 Stat. 312 (1993).

[^2]: Pub. L.105-33, 111 Stat. 251 (1997).

[^3]: *Principles for Reallocation of Spectrum to Encourage the
    Development of Telecommunications Technologies for the New
    Millennium, Policy Statement*, 14 FCC Rcd 19,868, at ¶ 21 (1999)
    ("*Spectrum Policy Statement*"). Implementation of the Spectrum
    Policy Statement began with the Commission\'s proceedings regarding
    the 4.9 GHz band and the 3650-3700 MHz band. See *The 4.9 GHz Band
    Transferred from Federal Government Use*, WT Docket No. 00-32,
    *Notice of Proposed Rule Making*, 15 FCC Rcd 4778 (2000); *Amendment
    of the Commission\'s Rules with Regard to the 3650-3700 MHz
    Government Transfer Band*, ET Docket No. 98-237, *Report and Order*,
    FCC 00-363, Released October 23, 2000, 65 FR 69451, November 17,
    2000.

[^4]: *See* OBRA-93, § 6001(a) (codified at 47 U.S.C. § 923(a)-(b)).

[^5]: *See id.*, § 6002(a) (codified at 47 U.S.C. § 309(j)). This
    section gave the Commission the authority to auction licenses in
    cases where the Commission determines that the principal use of such
    spectrum will involve, or is reasonably likely to involve, the
    licensee receiving compensation from subscribers in return for which
    the licensee‑‑ (i) enables those subscribers to receive
    communications signals that are transmitted utilizing frequencies on
    which the licensee is licensed to operate; or (ii) enables those
    subscribers to transmit directly communications signals utilizing
    frequencies on which the licensee is licensed to operate. These
    services are generally the commercial radio services.

[^6]: *See* BBA-97, § 3002(e) (codified at 47 U.S.C. § 923(b)(3)). *See
    also* 47 U.S.C. § 309(j).

[^7]: In response the requirements of BBA-97, NTIA also identified the
    139-140.5 MHz, 141.5-143 MHz, and 1385-1390 MHz bands. These bands,
    however, were later withdrawn by Congress due to continuing
    Government operational needs.

[^8]: *See* *id.*, § 3002(a) (codified at 47 U.S.C. §§ 309(f), 397).

[^9]: *See* *id.*, § 3002(d) (codified at 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* (*APCO 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).

[^10]: *See* NDAA, Pub. L.105-261, 112 Stat. 1920, § 1064(c)(3)
    (codified at 47 U.S.C. § 923(c)(3)(B)).

[^11]: 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.

[^12]: *See* Regionet, *Petition for Rule Making*, RM-9692 (filed Apr.
    22, 1998).

[^13]: *See* LMCC, *Petition for Rule Making*, RM-9267 (filed Jun. 10,
    1999)

[^14]: *See* MicroTrax, *Petition for Rule Making*, RM-9797 (filed Nov.
    11, 1999)

[^15]: *See* Itron, *Petition for Rule Making*, RM-9854 (filed Feb. 29,
    2000).

[^16]: Little Leo operations provide data messaging services on spectrum
    below 1 GHz. *See* 47 C.F.R. § 25.142.

[^17]: *See* Final Analysis Communications Services, Inc.; Leo One
    Worldwide, Inc.; Orbital Communications Corporation (collectively
    Little LEO licensees), *Petition for Rule Making*. Because this
    petition was filed recently, and addresses the subject matter of
    this proceeding, we will waive the requirement of Section 1.403 of
    our rules, 47 C.F.R. § 1.403, and incorporate this petition into
    this proceeding.

[^18]: The International Telecommunication Union 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).

[^19]: *See* 47 C.F.R. § 2.106, n.US317. Licenses in the 218-219 MHz
    Service were allocated as Metropolitan Statistical Area ("MSA")
    licenses and Rural Service Area ("RSA") licenses. The Commission
    awarded MSA licenses by both lottery and auction. Announcing High
    Bidders for 594 Interactive Video and Data Service (IVDS) Licenses,
    *Public Notice*, Mimeo No. 44160 (rel. Aug. 2, 1994), *erratum*,
    *Public Notice*, Mimeo No. 44265 (rel. Aug. 9, 1994). The RSA
    licenses have not been awarded by auction or lottery. The second
    auction in this service was 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. Wireless Telecommunications Bureau Postpones February 18,
    1997 Auction Date for 981 Interactive Video and Data Service (IVDS)
    Licenses Report No. AUC-96-13-E (Auction No. 13), DA 97-209, *Public
    Notice* (rel. January 29, 1997). In the rulemaking proceeding, the
    Commission modified the regulations governing the licensing of the
    218-219 MHz Service. 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*, FCC 99-239, WT
    Docket No. 98-169, RM-8951, 15 FCC Rcd. 1497, 1499 ¶ 2 (1999)
    ("*218-219 MHz Order"*). The Commission received several petitions
    for reconsideration of the *218-219 MHz Order*. Once the Commission
    has addressed the petitions for reconsideration, the Commission will
    schedule an auction in this service and initiate normal pre-auction
    procedures.

[^20]: *See id.*, n.US229.

[^21]: *See* NTIA, *Second Spectrum Reallocation Report*, NTIA Special
    Publication 98-36, § 4, pp. 18-19.

[^22]: In 1997, the Commission adopted rules allowing AMTS licensees to
    serve fixed and mobile (including hand-held) units operating on land
    in areas around their stations so long as they give priority to
    communications from stations operating on the water. *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, 69
    (1997). The rules for operation on land are codified at 47 C.F.R. §
    80.123. Although AMTS also has an allocation in the 216-217 MHz
    band, these frequencies are not authorized for assignment. *See* 47
    C.F.R. § 80.385. This policy was implemented to protect television
    reception on channel 13, which operates in the 210-216 MHz band.

[^23]: *See* 47 C.F.R. §§ 2.106, footnote US274 and 90.259.

[^24]: *See* 47 C.F.R. § 2.106, footnote US210.

[^25]: *See* 47 C.F.R. § 95.1009.

[^26]: *See* discussion of relocation of Government operations *infra*.

[^27]: *See* NTIA, *Second Spectrum Reallocation Report*, NTIA Special
    Publication 98-36, § 4, at 2.

[^28]: *See Spectrum Policy Statement*, at ¶ 27

[^29]: *See id*., § 3, at 18.

[^30]: *See Amendment of the Commission\'s Rules Concerning Low Power
    Radio and Automated Maritime Telecommunications System Operations in
    the 216-217 MHz Band*, WT Docket No. 96-56, *Report and Order*, 11
    FCC Rcd 18,517 (1996).

[^31]: *See* Regionet Petition, RM-9692, at 1-2. We received no comments
    on the Regionet petition.

[^32]: *See id.* at 3-4. In two-way paging, a base station transmitter
    transmits a signal to selectively activate a certain pager and
    follows the activation with a message. The pager includes both a
    receiver and a low power response transmitter, which allows the user
    to return a response from a standard menu of data messages.

[^33]: *See id.* at 4-5.

[^34]: *See* NTIA, *Second Spectrum Reallocation Report*, NTIA Special
    Publication 98-36, § 3.

[^35]: The Commission is currently considering using geographic area
    licensing and auctions to resolve cases of mutually exclusive
    applications. Decisions in that proceeding may affect the outcome of
    this proceeding. *See generally Implementation of Sections 309(j)
    and 337 of the Communications Act of 1934*, WT Docket No. 99-87,
    *Notice of Proposed Rule Making*, 14 FCC Rcd 5206 (1999).

[^36]: *See Amendment of the Commission\'s Rules Concerning Maritime
    Communications*, PR Docket No. 92-257, *Fourth Report and Order and
    Third Notice of Proposed Rule Making*, FCC 00-370, Released November
    16, 2000, ¶ 10, 75 (2000).

[^37]: *See supra* n.20.

[^38]: *See id.*, §§ 90.259, 95.1001 *et seq.*

[^39]: *See Spectrum Policy Statement*, at ¶ 24.

[^40]: *See* 47 C.F.R. § 2.106.

[^41]: *See* NTIA, *Spectrum Reallocation Report*, NTIA Special
    Publication 95-32, § 4, at 2-4 and Table 4-2.

[^42]: We note that the Space Operations Service allocation in this band
    is currently unused because of the need to protect passive Earth
    Exploration-Satellite operations in the subjacent 1400-1427 MHz
    band.

[^43]: *See* 47 C.F.R. § 2.106.

[^44]: *See* NTIA, *Spectrum Reallocation Report*, NTIA Special
    Publication 95-32, § 4, at 4-6 and Table 4-2.

[^45]: *See* *id*., § 5, at3.

[^46]: *See* 47 C.F.R. § 2.106.

[^47]: *See* NTIA, *Spectrum Reallocation Report*, NTIA Special
    Publication 95-32, § 4, pp. 4-6 and Table 4-2.

[^48]: *See Amendment of Parts 2 and 95 of the Commission\'s Rules to
    Create a Wireless Medical Telemetry Service (WMTS)*, ET Docket
    99‑255, PR Docket 92‑235, *Report and Order*, FCC 00‑211, released
    June 12, 2000.

[^49]: *See* 47 C.F.R. § 2.106.

[^50]: *See id.*, footnote S5.341.

[^51]: *See* NTIA, *Spectrum Reallocation Report*, NTIA Special
    Publication 95-32, § 4, at 4-6 and Table 4-2.

[^52]: *See* NTIA, *Second Spectrum Reallocation Report*, NTIA Special
    Publication 98-36, § 3, at 33-34.

[^53]: *See id.*, § 4, p.3.

[^54]: *See* Itron Petition at 4-7.

[^55]: *See* Letter from M. Taylor, AHA, and R. Fairbanks, Itron to M.
    Salas, Federal Communications Commission, May 31, 2000. *See also
    WMTS Report and Order*, ET Docket No. 99-255, PR Docket No. 92-235,
    FCC 00-211, released June 12, 2000.

[^56]: *See Generally* Comments and Reply Comments filed on behalf of
    United Telecom Council; EnSite, LP; Reliant Energy Minnegasco; and
    Southern Connecticut Gas Company.

[^57]: *See Generally* Comments and Reply Comments filed on behalf of
    Little LEO licensees; and MicroTrax.

[^58]: We have previously used the Band Manager concept in allocating
    the \"guard bands\" of the 746-806 MHz commercial bands for auction
    to Guard Band Managers. In that proceeding, we defined a Guard Band
    Manager as a class of commercial licensee that has the ability to
    use the licensed spectrum itself, to lease access to portions of its
    band to other eligible users, or to provide service in its spectrum
    to eligible users. Spectrum use by the end users is by private
    contract between the Guard Band Manager and the end user. We also
    required the Guard Band Manager\'s contracts with end users to
    include provisions that apply to existing licenses, such as the end
    users\' agreement to comply with our rules, accept our oversight and
    enforcement, and cooperate with any investigation or inquiry that we
    or the Guard Band Manager may conduct. *See Service Rules for the
    746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the
    Commission\'s Rules (700 MHz Proceeding)*, WT Docket No. 99-168,
    *Second Report and Order*, 15 FCC Rcd 5299, ¶¶ 25-51 (2000).

[^59]: *See, e.g.,* Comments filed in RM-9267 by Industrial
    Telecommunications Assn, Inc.; Taxicab and Livery Communications
    Council; UTC, the Telecommunications Assn.; Motorola, Inc.; Brandon
    Communications, Inc.; and GKL Construction Company.

[^60]: *See* Itron Comment in RM-9267.

[^61]: *See* MicroTrax Petition at 2.

[^62]: *See* Comments of Curtis Protective Services, Inc.; BI, Inc. in
    RM-9797. *See also* Comments of AeroAstro, Inc. and AHA in RM-9797
    (supporting the concept of rapid allocation of the 1.4 GHz
    spectrum).

[^63]: *See* Little LEO licensees, *Petition for Rule Making*, filed
    August 16, 2000. This petition also requests that we allocate the
    1429-1432 MHz band on a primary basis for Little LEO feeder
    downlinks. Because this petition was filed recently, and addresses
    the subject matter of this proceeding, we will consider the petition
    here, rather than request comments by public notice.

[^64]: While there is no current international allocation for satellite
    services in the 1.4 GHz spectrum that could accommodate Little LEO
    feeder links, the 1997 World Radiocommunication Conference (WRC-97)
    resolved to study the feasibility of Little LEO feeder links in this
    spectrum. WRC-2000 agreed to put consideration of a Little LEOs
    feeder link allocation on the agenda for the 2003 World
    Radiocommunication Conference.

[^65]: *See* Little LEO licensees, *Petition for Rule Making*, at 5.

[^66]: *See id.*, at 10.

[^67]: *See* NTIA, *Spectrum Allocation Final Report*, NTIA Special
    Publication 95-32, § 4, at 6.

[^68]: *See* Letter from L. Kolsky, Steptoe & Johnson, LLP (counsel for
    ArrayComm, Inc.) to S. White, Federal Communications Commission,
    Sep. 6, 2000.

[^69]: *See Spectrum Policy Statement* at ¶ 24.

[^70]: *See, e.g., Ex Parte* Presentation of Final Analysis
    Communication Services, Inc., filed October 2, 2000 ( Final Analysis
    believes a domestic allocation of 2 MHz at 1430-1432 would be
    sufficient to accommodate its needs in the United States for
    additional downlink feeder link spectrum, would permit shifting the
    WMTS allocation to 1427-1430, and would further remove NVNG MSS from
    radioastronomy services operating in the 1400-1427 MHz band).

[^71]: *See Final Acts of the 1997 World Radiocommunications
    Conference*, Resolution 127.

[^72]: *See* Letter from M. Taylor, AHA, and R. Fairbanks, Itron to M.
    Salas, Federal Communications Commission, May 31, 2000.

[^73]: *See* 47 C.F.R. § 2.106.

[^74]: *See id.*, n.S5.341.

[^75]: *See* NTIA, *Spectrum Reallocation Report*, NTIA Special
    Publication 95-32, § 4, pp. 6-8 and Table 4-2.

[^76]: *See id.*, § 5, p.3.

[^77]: *See* LMCC Petition at 31.

[^78]: *See* MicroTrax Petition at 2-3.

[^79]: *See* AeroAstro Comments in RM-9797 at 6-8.

[^80]: *See* 47 C.F.R. § 2.106

[^81]: *See id*., footnotes US276, G2.

[^82]: *See* 47 C.F.R. § 2.106.

[^83]: *See* NTIA, *Second Spectrum Reallocation Report*, NTIA Special
    Publication 98-36, § 3, at 46-49 and Table 3-6.

[^84]: *See id.*, § 4, at 3.

[^85]: *See id*., § 3, at 47.

[^86]: Statement of Policy on Establishing a Government-to-Government
    Relationship with Indian Tribes, FCC 00-207 (rel. June 23, 2000)
    (*Tribal Government Policy Statement*).

[^87]: *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).

[^88]: *See Redevelopment of Spectrum to Encourage Innovation in the Use
    of New Telecommunications Technologies (Emerging 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, APCO v. FCC, 76 F.3d 395
    (D.C. Cir. 1996).

[^89]: *See Emerging Technologies First Report and Order and Third
    Notice of Proposed Rule Making*, 7 FCC Rcd 6886, ¶ 24.

[^90]: *See* BBA-97, § 3002(d) (codified at 47 U.S.C. § 923(g)(2)).

[^91]: *See* NDAA-99, § 1064(c)(2) (codified at 47 U.S.C. § 923(g)(1)).

[^92]: Specifically the statutory language states that:

    > IMPLEMENTATION PROCEDURES. \-- The NTIA and the Commission shall
    > develop procedures for the implementation of this paragraph, which
    > procedures shall include a process for resolving any differences
    > that arise regarding estimates of relocation or modification costs
    > under this paragraph. NDAA-99, § 1064(c)(3) (codified at 47 U.S.C.
    > § 923(g)(1)(E)).

[^93]: *See* NTIA Organization Act, Section 113 (g) (1) (A).

[^94]: *See* NTIA Organization Act, Section 113 (g) (1) (B).

[^95]: *See* 47 C.F.R. § 1.2105(a).

[^96]: *See* 47 CFR §1.1204(z)(5) of the Commission\'s rules on shared
    jurisdiction. NTIA and the FCC share jurisdiction over spectrum. See
    47 USC, §§ 301-303, 305, and 902. NTIA chairs the Interdepartment
    Radio Advisory Committee (IRAC) which is an interagency committee of
    Federal radio frequency managers that advises the executive branch
    on the Federal Government\'s use of the spectrum.

[^97]: Classified Government stations are those whose existence or
    missions are classified in accordance with Executive Order 12356,
    April 2, 1982. Sensitive Government stations are stations whose
    operations or technical parameters are not releasable to the public
    under the Freedom of Information Act or other relevant law or
    regulation. Law enforcement stations that are exempt from disclosure
    under the Freedom of Information Act are an example of sensitive
    stations.

[^98]: *See* ¶ 57.

[^99]: *See* ¶ 58.

[^100]: On January 6, 1993, the President signed Executive Order 12829,
    establishing the National Industrial Security Program, which
    establishes procedures for safeguarding Federal Government
    classified information that is released to, among others, licensees
    of the Federal Government.

[^101]: *See* BBA-97, § 3002(d) (codified at 47 U.S.C. § 923(g)(3)).

[^102]: *See* 47 C.F.R. § 101.75(b).

[^103]: *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).

[^104]: 5 U.S.C. § 603(b)(3).

[^105]: *See* 5 U.S.C. § 601(3).

[^106]: 15 U.S.C. § 632.

[^107]: *Id*. § 601(4).

[^108]: Department of Commerce, U.S. Bureau of the Census, 1992 Economic
    Census, Table 6 (special tabulation of data under contract to Office
    of Advocacy of the U.S. Small Business Administration).

[^109]: 5 U.S.C. § 601(5).

[^110]: 1992 Census of Governments, U.S. Bureau of the Census, U.S.
    Department of Commerce.

[^111]: *Id*.

[^112]: *See* 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).

[^113]: *See* 13 C.F.R. § 121.201.

[^114]: *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. Rcd 19853, 19893 (1998).

[^115]: *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).

[^116]: Sections 301-303 of Title III of the Communications Act of 1934
    as amended \[47 U.S.C. 301-303\] authorizes the FCC to manage and
    license spectrum for commercial, public safety, and state and local
    governments. Section 305 of Title III exempts Federal
    Government-owned stations from FCC jurisdiction. Section 103 of the
    National Telecommunications and Information Administration
    Organization Act \[47 U.S.C. 902\] authorizes NTIA to manage
    spectrum allocated to Federal users. Section 105 authorizes NTIA to
    establish the Interdepartmental Radio Advisory Committee (IRAC) to
    coordinate spectrum management with other Federal agencies.

[^117]: The Commission's *ex parte* rules have an exemption that
    expressly cites coordination with NTIA. This exemption is known as
    the \"shared jurisdiction\" exemption and is documented in section
    1.1204(a)(5) of the Commission's rules.

[^118]: Specifically, pursuant to Section 6001(a) of OBRA-93, NTIA
    identified 235 megahertz of Government spectrum for transfer to
    non-Government use, including the 27 MHz. OBRA-93, Pub. L. 103-66,
    107 Stat. 312, 47 U.S.C. § 923(a-b). Pursuant to Section 3002(e) of
    the BBA-97, the Commission was directed to assign certain of these
    bands in the 27 MHz in compliance with Section 309(j) of the
    Communications Act of 1934, as amended (the "Act"). BBA-97, Pub. L.
    105-33, 111 Stat. 251, 47 U.S.C. § 923(b)(3); *see* 47 U.S.C. §
    309(j). Section 3002(d) of the BBA-97 authorized federal Government
    entities relinquishing spectrum to accept payment for vacating their
    spectrum and relocating to new facilities; this authority for
    reimbursement was made mandatory by Section 1064(c)(3) of the Strom
    Thurmond National Defense Authorization Act For Fiscal Year 1999
    ("NDAA-99"). *Id.*, 47 U.S.C. § 923(g); NDAA-97, Pub. L. 105-261,
    112 Stat. 1920, 47 U.S.C. § 923(c)(3)(B).

[^119]: 47 U.S.C. § 923(g)(1)(E).

[^120]: Sections 301-303 of Title III of the Communications Act of 1934
    as amended, 47 U.S.C. §§ 301-303, authorize the FCC to manage and
    license spectrum for commercial, public safety, and state and local
    governments. Section 305 of Title III exempts Federal
    Government-owned stations from FCC jurisdiction. Section 103 of the
    National Telecommunications and Information Administration
    Organization Act, 47 U.S.C. § 902, authorizes NTIA to manage
    spectrum allocated to Federal users. Section 105 authorizes NTIA to
    establish the Interdepartmental Radio Advisory Committee ("IRAC") to
    coordinate spectrum management with other Federal agencies.

[^121]: *See* Separate Statement of Commissioner Susan Ness, *U.S. GPS
    Industry Council, American Airlines and United Airlines,
    Consolidated Petition for Reconsideration of Waivers Issued Under
    Delegated Authority by the Chief, Office of Engineering and
    Technology* (rel. July 14, 2000). The Commission's *ex parte* rules
    currently contain an exemption, known as the \"shared jurisdiction\"
    exemption, expressly permitting coordination with NTIA. *See* 47
    C.F.R § 1.1204(a)(5).

[^122]: Separate Statement Of Commissioner Harold Furchtgott-Roth,
    Approving In Part, Dissenting In Part *Redesignation Of The
    17.7-19.7 GHz Frequency Band, Blanket Licensing Of Satellite Earth
    Stations In The 17.7-20.2 GHz And 27.5-30.0 Frequency Bands, Et Al.
    IB Docket No. 98-172, RM-9005, RM-9118 (Rel. June 22 , 2000).*

[^123]: See 47 U.S.C. § 923 (g)(1)(E).

[^124]: See Separate Statement Of Commissioner Harold Furchtgott-Roth,
    in *U.S. GPS Industry Council, American Airlines and United
    Airlines, Consolidated Petition for Reconsideration of Waivers
    Issued under Delegated Authority by the Chief, Office of Engineering
    and Technology, Order (rel. July 14, 2000).*