**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | ET Docket No. 98-206         |
|                                  | * |                              |
| Amendment of Parts 2 and 25 of   | ) | RM-9147                      |
| the Commission\'s Rules to       | * |                              |
| Permit Operation of NGSO FSS     | * | RM-9245                      |
| Systems Co-Frequency with GSO    |   |                              |
| and Terrestrial Systems in the   | * |                              |
| Ku-Band Frequency Range;         | * |                              |
|                                  | ) |                              |
| Amendment of the Commission\'s   | * |                              |
| Rules to Authorize Subsidiary    | * |                              |
| Terrestrial Use of the           |   |                              |
|                                  | * |                              |
| 12.2-12.7 GHz Band by Direct     | * |                              |
| Broadcast Satellite Licensees    | ) |                              |
| and Their Affiliates; and        | * |                              |
|                                  | * |                              |
| Applications of Broadwave USA,   |   |                              |
|                                  | * |                              |
| PDC Broadband Corporation, and   | * |                              |
|                                  | ) |                              |
| Satellite Receivers, Ltd. to     | * |                              |
| Provide                          | * |                              |
|                                  |   |                              |
| A Fixed Service in the 12.2-12.7 | * |                              |
| GHz Band                         | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**ERRATUM**

**Released:** June 4, 2002

By the Chief, Public Safety and Private Wireless Division:

1.  On May 23, 2002, the Commission released a *Memorandum Opinion and
    Order and Second Report and Order* (FCC 02-116) in the above
    captioned proceeding. Rule sections 101.147(p)-(q)(1) "Frequency
    assignments" and 101.1421(c) "Coordination of adjacent area MVDDS
    stations and incumbent public safety POFS stations" in Appendix D
    contained the wrong date. Therefore, with this Erratum we correct
    rule sections 101.147(p)-(q)(1) and 101.1421(c) to conform to the
    text of the *Memorandum Opinion and Order and Second Report and
    Order.* In addition, in paragraph 2 of the Final Regulatory
    Flexibility Analysis in Appendix E, the name of the service was
    titled incorrectly, and we correct the section to conform to the
    text of the *Memorandum Opinion and Order and Second Report and
    Order*.

2.  Section 101.147(p)-(q)(1) in Appendix D is changed to read as
    follows:

\(p\) 12,000-12700 MHz. The Commission has allocated the 12.2-12.7 GHz
band for use by the Direct Broadcast Satellite Service (DBS), the
Multichannel Video Distribution and Data Service (MVDDS), and the
Non-Geostationary Satellite Orbit Fixed Satellite Service (NGSO FSS).
MVDDS shall be licensed on a non-harmful interference co-primary basis
to existing DBS operations and on a co-primary basis with NGSO FSS
stations in this band. MVDDS use can be on a common carrier and/or
non-common carrier basis and can use channels of any desired bandwidth
up to the maximum of 500 MHz provided the EIRP does not exceed 14 dBm
per 24 megahertz. Private operational fixed point-to-point microwave
stations authorized after September 9, 1983, are licensed on a
non-harmful interference basis to DBS and are required to make any and
all adjustments necessary to prevent harmful interference to operating
domestic DBS receivers. Incumbent public safety licensees shall be
afforded protection from MVDDS and NGSO FSS licensees, however all other
private operational fixed licensees shall be secondary to DBS, MVDDS and
NGSO FSS licensees. As of May 23, 2002, the Commission no longer accepts
applications for new licenses for point-to-point private operational
fixed stations in this band, however, incumbent licensees and previously
filed applicants may file applications for minor modifications and
amendments (as defined in § 1.929 of this chapter) thereto, renewals,
transfer of control, or assignment of license. Notwithstanding any other
provisions, no private operational fixed point-to-point microwave
stations are permitted to cause harmful interference to
broadcasting-satellite stations of other countries operating in
accordance with the Region 2 plan for the Broadcasting-Satellite Service
established at the 1983 WARC.

\(q\) Special provisions for incumbent low power, limited coverage
systems in the band segments 12.2-12.7 GHz.

\(1\) As of May 23, 2002, the Commission no longer accepts applications
for new stations in this service and incumbent stations may remain in
service provided they do not cause harmful interference to any other
primary services licensed in this band as described in paragraph (p) of
this section. However, incumbent licensees and previously filed
applicants may file applications for minor modifications and amendments
(as defined in § 1.929 of this chapter) thereto, renewals, transfer of
control, or assignment of license.

3.  Section 101.1421(c) in Appendix D is changed to read as follows:

\(c\) Licensees shall coordinate their facilities whenever the
facilities have optical line-of-sight into other licensees' areas or are
within the same geographic area. Licensees are encouraged to develop
operational agreements with relevant licensees in the adjacent
geographic areas. Incumbent public safety POFS licensee(s) shall retain
exclusive rights to its channel(s) within the relevant geographical
areas and must be protected in accordance with the procedures in §
101.103 of this part. A list of public safety incumbents is attached as
Appendix I to the Memorandum Opinion and Order and Second Report and
Order, Docket 98-206 released May 23, 2002. Please check with the
Commission for any updates to that list.

4.  Final Regulatory Flexibility Analysis in Appendix E:

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

By this action, Multichannel Video Distribution and Data Service (MVDDS)
providers will share the 12.2‑12.7 GHz band with new NGSO FSS operators
on a co‑primary basis and on a non‑harmful interference basis with
incumbent direct broadcast satellite (DBS) providers. The objective of
this *Second Report and Order* is to adopt licensing, service and
technical rules for the MVDDS. Specifically, we seek: (1) to accommodate
the introduction of innovative services; and (2) to facilitate the
sharing and efficient use of spectrum. Furthermore, the rules adopted in
this *Second Report and Order* are designed to implement Congress's goal
of giving small businesses the opportunity to participate in the
provision of spectrum‑based services in accordance with Section 309(j)
of the Communications Act of 1934, as amended.[^1] Thus, we believe that
this service will facilitate the delivery of communications services,
such as video and broadband services, to various populations including
those that are deemed to be unserved and/or underserved.

5.  Accordingly, IT IS ORDERED that this Erratum is issued pursuant to
    Section 0.331 of the Commission's rules on delegated authority, 47
    C.F.R. § 0.331.

    FEDERAL COMMUNICATIONS COMMISSION

> Ramona E. Melson
>
> Deputy Chief, Public Safety and Private Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: 47 U.S.C. §§ 257, 309(j)(Communications Act).