Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * |                              |
|                                  | * |                              |
| Amendment of Part 2 of the       | ) |                              |
|                                  | * |                              |
| Commission\'s Rules to Allocate  | * |                              |
| the Band                         |   |                              |
|                                  | * |                              |
| 33-36 GHz to the Fixed-Satellite | * |                              |
| Service for                      | ) |                              |
|                                  | * |                              |
| Federal Government Use           | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
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|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
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|                                  | ) |                              |
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+----------------------------------+---+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted:** January 19, 2001 **Released:** January 26, 2001

By the Commission: Commission Furchgott-Roth dissenting and issuing a
statement. Former Chairman Kennard did not participate in the final
consideration of this item.

1.  By this action, we are amending the Commission\'s Table of Frequency
    Allocations by adding a new footnote, US360, to permit use of the
    band 33-36 GHz by the Federal Government fixed-satellite service
    (FSS), space-to-Earth.[^1] An existing footnote, G117, is also being
    revised to denote that the Federal Government's use of this band is
    limited to military systems.[^2] We take this action at the request
    of the Administrator, National Telecommunications and Information
    Administration (\"NTIA\") for the purpose of advancing, supporting,
    and accommodating the national defense.[^3]

2.  On January 12, 2001, the Administrator, NTIA, requested that the
    Commission add a United States footnote to the United States Table
    of Frequency Allocations, 47 C.F.R. § 2.106, that would allocate the
    band 33-36 GHz on a primary basis to the Federal Government
    fixed-satellite service (space-to-Earth).[^4] NTIA states that this
    matter involves military functions, as well as specific national
    security interests of the United States, that the reallocation is
    essential to fulfill requirements for Federal Government space
    systems to perform satisfactorily, and that these Department of
    Defense (\"DoD\") requirements cannot be accommodated in frequency
    bands currently allocated for Federal Government fixed-satellite
    service (space-to-Earth). NTIA indicates that the Federal Government
    footnote G117 will be modified to limit Federal Government
    fixed-satellite use of this band to military systems. NTIA also
    requests expedited consideration, and that the rules be amended
    without public notice or comment due to the near-term national
    security interests. The new United States footnote proposed by NTIA
    reads as follows:

    USXXX In the band 33-36 GHz, the Government fixed-satellite service
    (space-to-Earth) is also allocated on a primary basis. Coordination
    between Government fixed-satellite service systems and non-Federal
    Government systems operating in accordance with the United States
    Table of Frequency Allocations is required.

3.  Nationally, the band 33-33.4 GHz is shared Federal Government and
    non-Federal Government spectrum that is allocated to the
    radionavigation service on a primary basis.[^5] In the sub-band
    31.8-33.4 GHz, ground based radionavigation aids are permitted only
    where they are used in cooperation with airborne or shipborne
    radionavigation devices.[^6] Non-Federal Government airborne
    radionavigation devices are licensed under Part 87 of the
    Commission's Rules.[^7] This allocation, however, is currently
    unused by non-Federal Government licensees.

4.  The band 33.4-36 GHz is allocated to the radiolocation service[^8]
    on a primary basis for the Federal Government and on a secondary
    basis for non-Federal Government use.[^9] However, all non-military
    radiolocation devices operating in this band are secondary to the
    military services, except for the sub-band 34.4-34.5 GHz, where
    weather radars on board meteorological satellites for cloud
    detection are authorized to operate on an equal basis with military
    radiolocation devices.[^10] In the sub-band 34.2-34.7 GHz, an
    additional allocation is made for space research service (deep
    space, Earth-to-space) at Goldstone, California.[^11] In the band
    33.4-36 GHz, non-Federal Government radiolocation is permitted under
    Part 90 of the Commission's Rules.[^12] There is currently only
    limited non-Federal Government use of the band 33.4-36 GHz. The
    majority of these uses are limited to speed control and testing and
    development purposes.

5.  Based on the representations of NTIA that the reallocation is
    essential to fulfill requirements for Federal Government space
    systems to perform satisfactorily and that these DoD requirements
    cannot be accommodated in frequency bands currently allocated for
    Federal Government fixed-satellite service (space-to-Earth) use, we
    find that the public interest will best be served by accommodating
    NTIA's request and adding United States footnote US360 to, and
    amending Federal Government footnote G117 of, the Table of Frequency
    Allocations. Upon review of the Commission's records, there appears
    to be little, if any, impact on non-Federal Government
    services.[^13]

6.  Further, we take this action without notice and comment procedures.
    Section 553 of the Administrative Procedure Act (APA) states that
    rulemaking proceedings are required \"except to the extent that
    there is involved--- (1) a military or foreign affairs function of
    the United States.\"[^14] The Commission\'s Rules, moreover, state
    that rule changes including any military, naval, or foreign affairs
    functions of the United States \"will ordinarily be adopted without
    prior notice.\"[^15] The APA also includes a good cause exception to
    rulemaking requirements when such procedures are \"impracticable,
    unnecessary, or contrary to the public interest.\"[^16] As a general
    matter, we firmly believe that public notice requirements are an
    essential component of our legal authority. In this instance,
    however, we find that it is appropriate to take this action without
    public notice because this matter involves the exercise of military
    functions of the United States based on specific national security
    needs and that good cause exists that notice and public procedures
    are unnecessary and contrary to the public interest.[^17]
    Additionally, due to the near term national security requirements
    noted by NTIA, we find good cause to expedite this request and make
    the amendments effective immediately upon publication in the Federal
    Register.[^18]

7.  Accordingly, IT IS ORDERED that pursuant to Sections 4(i), 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 MEMORANDUM OPINION AND ORDER is hereby ADOPTED.
    Additionally, IT IS FURTHER ORDERED that the amendments to Part 2 of
    the Commission's Rules, 47 C.F.R. Part 2, as set forth in the
    Appendix, are effective upon publication in the Federal Register.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**Appendix: Final Rules**

For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 2 as follows:

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

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

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

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

a\. Revise pages 75 and 76.

b\. Revise footnote US252 and add footnote US360.

c\. Revise footnote G117.

The addition and revisions read as follows:

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

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 32-40 GHz |           |           |           |           | Page 75 |
| (EHF)     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 32-32.3   |           |           | 32-32.3   | 32-32.3   |         |
|           |           |           |           |           |         |
| FIXED     |           |           | INTER-    | INTER-    |         |
| S5.547A   |           |           | SATELLITE | SATELLITE |         |
|           |           |           | US278     | US278     |         |
| INTER-    |           |           |           |           |         |
| SATELLITE |           |           | RADION    | SPACE     |         |
|           |           |           | AVIGATION | RESEARCH  |         |
| RADION    |           |           | US69      | (deep     |         |
| AVIGATION |           |           |           |           |         |
|           |           |           | SPACE     | space)    |         |
| SPACE     |           |           | RESEARCH  | (space-   |         |
| RESEARCH  |           |           | (deep     | to-Earth) |         |
| (deep     |           |           |           |           |         |
| space)    |           |           | space)    | US262     |         |
| (space-   |           |           | (space-   |           |         |
| to-Earth) |           |           | to-Earth) | S5.548    |         |
|           |           |           |           |           |         |
| S5.547    |           |           | US262     |           |         |
| S5.547C   |           |           |           |           |         |
| S5.548    |           |           | S5.548    |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 32.3-33   |           |           | 32.3-33   |           | A       |
|           |           |           |           |           | viation |
| FIXED     |           |           | INTER-    |           | (87)    |
| S5.547A   |           |           | SATELLITE |           |         |
|           |           |           | US278     |           |         |
| INTER-    |           |           |           |           |         |
| SATELLITE |           |           | RADION    |           |         |
|           |           |           | AVIGATION |           |         |
| RADION    |           |           | US69      |           |         |
| AVIGATION |           |           |           |           |         |
|           |           |           | S5.548    |           |         |
| S5.547    |           |           |           |           |         |
| S5.547D   |           |           |           |           |         |
| S5.548    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 33-33.4   |           |           | 33-33.4   |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           | RADION    |           |         |
| S5.547A   |           |           | AVIGATION |           |         |
|           |           |           | US69      |           |         |
| RADION    |           |           |           |           |         |
| AVIGATION |           |           | US360     |           |         |
|           |           |           | G117      |           |         |
| S5.547    |           |           |           |           |         |
| S5.547E   |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 33.4-34.2 |           |           | 33.4-36   | 33.4-36   | Private |
|           |           |           |           |           | Land    |
| RADI      |           |           | RADI      | Radi      | Mobile  |
| OLOCATION |           |           | OLOCATION | olocation | (90)    |
|           |           |           | US110     | US110     |         |
| S5.549    |           |           |           |           |         |
|           |           |           | G34       |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 34.2-34.7 |           |           |           |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           |           |           |         |
| RESEARCH  |           |           |           |           |         |
| (deep     |           |           |           |           |         |
| space)    |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.549    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 34.7-35.2 |           |           |           |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
| S5.550    |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.549    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 35.2-35.5 |           |           |           |           |         |
|           |           |           |           |           |         |
| METEO     |           |           |           |           |         |
| ROLOGICAL |           |           |           |           |         |
| AIDS      |           |           |           |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.549    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 35.5-36   |           |           | S5.551    | S5.551    |         |
|           |           |           | US252     | US252     |         |
| METEO     |           |           | US360     | US360     |         |
| ROLOGICAL |           |           | G117      |           |         |
| AIDS      |           |           |           |           |         |
|           |           |           |           |           |         |
| EARTH     |           |           |           |           |         |
| EXP       |           |           |           |           |         |
| LORATION- |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (active)  |           |           |           |           |         |
|           |           |           |           |           |         |
| RADI      |           |           |           |           |         |
| OLOCATION |           |           |           |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           |           |           |         |
| RESEARCH  |           |           |           |           |         |
| (active)  |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.549    |           |           |           |           |         |
| S5.551A   |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------------------------------+-----------+-----------+---------+
| 36-37                             | 36-37     |           |         |
|                                   |           |           |         |
| EARTH EXPLORATION-SATELLITE       | EARTH     |           |         |
| (passive)                         | EXP       |           |         |
|                                   | LORATION- |           |         |
| FIXED                             | SATELLITE |           |         |
|                                   | (passive) |           |         |
| MOBILE                            |           |           |         |
|                                   | FIXED     |           |         |
| SPACE RESEARCH (passive)          |           |           |         |
|                                   | MOBILE    |           |         |
| S5.149                            |           |           |         |
|                                   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
|                                   | (passive) |           |         |
|                                   |           |           |         |
|                                   | US263     |           |         |
|                                   | US342     |           |         |
+-----------------------------------+-----------+-----------+---------+
| 37-37.5                           | 37-38     | 37-37.6   |         |
|                                   |           |           |         |
| FIXED                             | FIXED     | FIXED     |         |
|                                   |           |           |         |
| MOBILE                            | MOBILE    | MOBILE    |         |
|                                   |           |           |         |
| SPACE RESEARCH (space-to-Earth)   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
|                                   |           |           |         |
|                                   | (space-   |           |         |
|                                   | to-Earth) |           |         |
+-----------------------------------+-----------+-----------+---------+
| 37.5-38                           |           |           |         |
|                                   |           |           |         |
| FIXED                             |           |           |         |
|                                   |           |           |         |
| FIXED-SATELLITE (space-to-Earth)  |           |           |         |
|                                   |           |           |         |
| MOBILE                            |           |           |         |
|                                   |           |           |         |
| SPACE RESEARCH (space-to-Earth)   |           |           |         |
|                                   |           |           |         |
| Earth exploration-satellite       |           |           |         |
| (space-to-Earth)                  |           |           |         |
+-----------------------------------+-----------+-----------+---------+
|                                   |           | 37.6-38.6 | Sa      |
|                                   |           |           | tellite |
|                                   |           | FIXED     |         |
|                                   |           |           | Communi |
|                                   |           | FIXED-    | cations |
|                                   |           | SATELLITE | (25)    |
|                                   |           |           |         |
|                                   |           | (space-   |         |
|                                   |           | to-Earth) |         |
|                                   |           |           |         |
|                                   |           | MOBILE    |         |
+-----------------------------------+-----------+-----------+---------+
| 38-39.5                           | 38-38.6   |           |         |
|                                   |           |           |         |
| FIXED                             | FIXED     |           |         |
|                                   |           |           |         |
| FIXED-SATELLITE (space-to-Earth)  | MOBILE    |           |         |
|                                   |           |           |         |
| MOBILE                            |           |           |         |
|                                   |           |           |         |
| Earth exploration-satellite       |           |           |         |
| (space-to-Earth)                  |           |           |         |
+-----------------------------------+-----------+-----------+---------+
|                                   | 38.6-39.5 | 38.6-39.5 | Au      |
|                                   |           |           | xiliary |
|                                   | US291     | FIXED     | Broad   |
|                                   |           |           | casting |
|                                   |           | FIXED-    |         |
|                                   |           | SATELLITE | \(74\)  |
|                                   |           |           |         |
|                                   |           | (space-   | Fixed   |
|                                   |           | to-Earth) | Mi      |
|                                   |           |           | crowave |
|                                   |           | MOBILE    | (101)   |
|                                   |           |           |         |
|                                   |           | US291     |         |
+-----------------------------------+-----------+-----------+---------+
| 39.5-40                           | 39.5-40   | 39.5-40   |         |
|                                   |           |           |         |
| FIXED                             | FIXED-    | FIXED     |         |
|                                   | SATELLITE |           |         |
| FIXED-SATELLITE (space-to-Earth)  |           | FIXED-    |         |
|                                   | (space-   | SATELLITE |         |
| MOBILE                            | to-Earth) |           |         |
|                                   |           | (space-   |         |
| MOBILE-SATELLITE (space-to-Earth) | MOBILE-   | to-Earth) |         |
|                                   | SATELLITE |           |         |
| Earth exploration-satellite       |           | MOBILE    |         |
| (space-to-Earth)                  | (space-   |           |         |
|                                   | to-Earth) | MOBILE-   |         |
|                                   |           | SATELLITE |         |
|                                   | US291     |           |         |
|                                   | G117      | (space-   |         |
|                                   |           | to-Earth) |         |
|                                   |           |           |         |
|                                   |           | US291     |         |
+-----------------------------------+-----------+-----------+---------+

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US252 The bands 2110-2120 MHz, 7145-7190 MHz, and 34.2-34.7 GHz are also
allocated for Earth-to-space transmissions in the space research
service, limited to deep space communications at Goldstone, California.

\* \* \* \* \*

US360 In the band 33-36 GHz, the Government fixed-satellite service
(space-to-Earth) is also allocated on a primary basis. Coordination
between Government fixed-satellite service systems and non-Government
systems operating in accordance with the United States Table of
Frequency Allocations is required.

\* \* \* \* \*

> FEDERAL GOVERNMENT (G) FOOTNOTES

\* \* \* \* \*

G117 In the bands 7.25-7.75 GHz, 7.9-8.4 GHz, 17.8-21.2 GHz, 30-31 GHz,
33-36 GHz, 39.5-40.5 GHz, 43.5-45.5 GHz, and 50.4-51.4 GHz, the
Government fixed-satellite and mobile-satellite services are limited to
military systems.

\* \* \* \* \*

# DISSENTING STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH 

Re: Amendment of Part 2 of the Commission's Rules to Allocate the Band
33-36 GHz to the Fixed-Satellite Service for Federal Government Use,
Memorandum Opinion and Order

The national security exception to the Administrative Procedure Act is
just that \-- an exception to the rule.[^19] That rule forms the
foundation of our national administrative law framework. It guarantees
the right of American citizens to participate in government
decision-making. Indeed, it guarantees the fundamental right to be
heard. The exceptions to the APA should be invoked only in the most
extraordinary of circumstances. This case does not pass that test. While
the national security uses of this band are clearly important, I see no
reason why NTIA's January 12, 2001 letter could not have been put out
for a brief public comment period.[^20] The corresponding short delay
would still have allowed the Commission to complete its processes within
weeks of receipt of the letter and still allowed for the public to have
its say. I am particularly sensitive to this issue because the
Commission has encountered substantial difficulties in the past by too
readily invoking this exemption.[^21] In the end, we may have still made
the requested change to the National Table of Frequency Allocations. But
that is not really the point. The point is that our public interest
mandate is difficult to fulfill without the public.

[^1]: ^?^ The new US360 footnote reads as follows: "In the band 33-36
    GHz, the Government fixed-satellite service (space-to-Earth) is also
    allocated on a primary basis. Coordination between Government
    fixed-satellite service systems and non-Government systems operating
    in accordance with the United States Table of Frequency Allocations
    is required."

[^2]: ^?^ G117 currently reads as follows: "In the bands 7.25-7.75 GHz,
    7.9-8.4 GHz, 17.8-21.2 GHz, 30-31 GHz, 39.5-40.5 GHz, 43.5-45.5 GHz,
    and 50.4-51.4 GHz, the Government fixed-satellite and
    mobile-satellite services are limited to military systems." The
    revision adds the 33-36 GHz band to this footnote.

[^3]: ^?^ *See* 47 U.S.C. § 151.

[^4]: ^?^ Letter from Gregory L. Rohde, Administrator, NTIA to William
    E. Kennard, Chairman, FCC, dated January 12, 2001. Section 305(a) of
    the Communications Act of 1934, as amended, 47 U.S.C. § 305(a),
    authorizes the President to assign frequencies to Federal Government
    stations. This authority has been delegated to the Assistant
    Secretary of Commerce for Communications and Information, who also
    serves as the Administrator, NTIA. *See* Pub. Law 102‑538, 106 Stat.
    3533 (1992). The Commission administers non‑Federal Government
    spectrum and NTIA administers Federal Government spectrum. *See* 47
    C.F.R. § 2.105 (a).

[^5]: ^?^ Radionavigation is defined as radiodetermination used for the
    purpose of navigation, including obstruction warning.
    Radiodetermination, in turn, is the determination of the position,
    velocity and/or other characteristics of an object, or the obtaining
    of information relating to these parameters, by mean of the
    propagation properties of radio waves. *See* 47 C.F.R. § 2.1.

[^6]: ^?^ US69 reads as follows**:** \"In the band 31.8-33.4 GHz,
    ground-based radionavigation aids are not permitted except where
    they operate in cooperation with airborne or shipborne
    radionavigation devices.\"

[^7]: ^?^ *See* 47 C.F.R. §§ 87.173 (b) and 87.187(x).

[^8]: ^?^ Radiolocation is defined as radiodetermination used for
    purposes other than those of radionavigation. *See* description,
    note 5 *supra*. *See also*, 47 C.F.R. § 2.1.

[^9]: ^?^ US110 reads as follows: \"In the bands 3100-3300 MHz,
    3500-3650 MHz, 5250-5350 MHz, 8500-9000 MHz, 9200-9300 MHz,
    9500-10000 MHz, 13.4-14.0 GHz, 15.7-17.3 GHz, 24.05-24.25 GHz, and
    33.4-36.0 GHz, the non-\[Federal\] Government radiolocation service
    shall be secondary to the Government radiolocation service and to
    airborne Doppler radars at 8800 MHz, and shall provide protection to
    airport surface detection equipment (ASDE) operating between
    15.7-16.2 GHz.

[^10]: ^?^ G34 reads as follows: \"In the band 34.4-34.5 GHz, weather
    radars on board meteorological satellites for cloud detection are
    authorized to operate on the basis of equality with military
    radiolocation devices. All other non-military radiolocation in the
    band 33.4-36.0 GHz shall be secondary to the military services.\"

[^11]: ^?^ US252 reads as follows: \"The bands 2110-2120, 7145-7190 MHz,
    and 34.2-34.7 GHz are also allocated for Earth-to-space
    transmissions in the space research service, limited to deep space
    communications at Goldstone, California.\"

[^12]: ^?^ *See* 47 C.F.R. § 90.103(b).

[^13]: ^?^ We also take this opportunity to make the non-substantive
    revision of adding "MHz" to the 2110-2110 band reference in footnote
    US252. For completeness, we also note that footnote S5.551, which
    states that radars located on spacecraft may be operated on a
    primary basis in the sub-band 35.5-35.6 GHz, which was suppressed at
    the 1997 World Radiocommunication Conference, will be a subject of a
    separate proceeding.

[^14]: ^?^ 5 U.S.C. § 553(a)(1).

[^15]: ^?^ 47 C.F.R. § 1.412(b)(1).

[^16]: ^?^ 5 U.S.C. § 553(b)(3)(B).

[^17]: ^?^ *See* 5 U.S.C. § 553 (a)(1), (b)(3)(B); 47 C.F.R. §
    1.412(b)(1), (c); *Bendix Aviation Corp. v. F.C.C.*, 272 F.2d 533
    (D.C. Cir. 1959), *cert. denied sub nom. Aeronautical Radio, Inc. v.
    U.S.*, 361 U.S. 965 (1960).

[^18]: ^?^ 5 U.S.C. § 553(d)(3).

[^19]: See 5 U.S.C. § 553(a)(1), (b)(3)(B).

[^20]: Indeed, I find it strange that a public letter from NTIA cannot
    be put out for public comment.

[^21]: See In re Amendment of the Commission\'s Rules to Relocate the
    Digital Electronic Message Service From the 18 GHz Band to the 25
    GHz Band and to Allocate the 24 GHz Band from Fixed Service,
    Memorandum Opinion and Order, ET Docket No. 97-99, 13 FCC Rcd.
    15,147 (1998).