**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | ET Docket No. 99-261         |
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| Amendment of Part 2 of the       | ) |                              |
| Commission\'s Rules to           | * |                              |
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| Allocate Additional Spectrum to  |   |                              |
| the Inter-Satellite, Fixed, and  | * |                              |
| Mobile Services and to Permit    | * |                              |
| Unlicensed Devices to Use        | ) |                              |
| Certain Segments in the          | * |                              |
| 50.2-50.4 GHz and 51.4-71.0 GHz  | * |                              |
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**REPORT AND ORDER**

**Adopted:** December 19, 2000 **Released:** December 22, 2000

By the Commission:

Table of Contents

Paragraph

I. introduction 1

II\. executive summary 2

III\. background 5

IV\. DISCUSSION 13

A. Realignment of the Fixed, Mobile, and Passive Services 13

B. High-Density Applications in the Fixed Service (\"HDFS\") 24

C. Unlicensed Devices 31

1\. Additional Availability 31

2\. Spectrum Etiquette for the 57-64 GHz Band 38

D. Inter-Satellite Service (\"ISS\") 42

1\. Separate Federal and Commercial Allocations 42

2\. International Footnote S5.556A 49

3\. The 56.9-57 GHz Band 51

E. Radio Astronomy and Radiolocation 52

V. PROCEDURAL INFORMATION 57

A. Effective Date for the non-Federal Government ISS Allocation in the
65-71 GHz Band 57

B. Final Regulatory Flexibility Certification 58

VI\. ordering clauses 61

APPENDIX A: Final Rules

APPENDIX B: List of Commenters

# introduction

1.  By this action, we realign allocations in the 50.2-50.4 GHz and
    51.4-71 GHz frequency bands. This action continues our efforts to
    facilitate the commercialization of the \"millimeter wave\"
    spectrum. Until recently, commercial use of this spectrum was not
    economically viable. However, recent technological advances make
    this spectrum increasingly usable for commercial services and
    products. Therefore, we have reexamined potential uses of this
    spectrum and how best it can be allocated to further the public
    interest. The realignment of allocations that we adopt today will
    meet current demands for spectrum in this frequency range and is
    consistent with the international allocation changes the United
    States sought and obtained at the 1997 World Radiocommunication
    Conference (\"WRC-97\").

# executive summary 

2.  We are providing a net increase of 2.27 gigahertz of spectrum
    allocated on a primary basis to the fixed and mobile services.[^1]
    This spectrum will be shared by Federal agencies and non-Federal
    Government licensees. Specifically, we allocate the 51.4-52.6 GHz
    and 58.2-59 GHz bands to the Federal and non-Federal Government
    fixed and mobile services, allocate the 64-66 GHz band to the
    Federal and non-Federal Government fixed and mobile except
    aeronautical mobile services, and delete the Federal and non-Federal
    Government fixed and mobile services from the 50.2-50.4 GHz and
    54.25-55.78 GHz bands. We anticipate that much of this spectrum will
    be used by mobile service licensees to connect their base stations
    together and to connect their systems to other systems (\"backbone
    infrastructure for mobile services\"). We are also making the 57-59
    GHz band available for use by Part 15 unlicensed devices.[^2] This 2
    gigahertz of spectrum and the existing Part 15 unlicensed band at
    59-64 GHz will operate under the same technical rules. We anticipate
    that this additional unlicensed spectrum (used either separately or
    in conjunction with the 59-64 GHz band) will be useful for very high
    speed and/or high bandwidth communications over short distances and
    for networking backbone purposes in congested areas.

3.  We are also providing separate inter-satellite service (\"ISS\")[^3]
    allocations for Federal agencies and for non-Federal Government
    (\"commercial\") licensees. Specifically, we allocate the 65-71 GHz
    band to the non-Federal Government ISS and delete the non-Federal
    Government ISS allocation from the 56.9-57 GHz and 59-64 GHz bands.
    We also allocate the 64-65 GHz band to the Federal Government ISS.
    The net result of the ISS allocations and deletions is an increase
    of 0.9 GHz for commercial ISS and 1 GHz for Federal ISS. The
    remaining ISS allocations in this frequency range (54.25-56.9 GHz
    and 57-58.2 GHz) will be available for both Federal and commercial
    use. These ISS allocations will provide satellite licensees with the
    spectrum they need to interconnect satellites within their
    respective networks. The use of inter-satellite links are expected
    to make satellite networks more efficient, resulting in the
    provision of more enhanced services like video telephony, medical
    and technical tele-imaging, high speed data networks and \"bandwidth
    on demand\" to consumers. In addition, the use of inter-satellite
    links will enable satellite licensees to provide more efficient
    interconnections between their service areas.[^4]

4.  To provide spectrum for the above services, we are reducing the net
    amount of spectrum allocated to the Earth exploration-satellite
    (passive) and space research (passive) services by 1.9 gigahertz and
    are reducing the amount of spectrum allocated to the radio astronomy
    service by 4.65 gigahertz. According to NTIA, the deleted space
    research (passive) and radio astronomy allocations are unused and
    unneeded and the deleted Earth exploration-satellite (passive)
    allocations are unneeded. In sum, the realignment provides a
    significant increase in spectrum for fixed, mobile, and
    inter-satellite services and unlicensed devices, while improving the
    operation of passive sensors in the Earth exploration-satellite
    service (\"EESS\").[^5] The Table, below, summarizes the existing
    allocations versus the allocations as realigned in this Order.[^6]

+--------+--------------------+-------------------+-------------------+
| **Ex   |                    |                   |                   |
| isting |                    |                   |                   |
| vs     |                    |                   |                   |
| Rea    |                    |                   |                   |
| ligned |                    |                   |                   |
| A      |                    |                   |                   |
| llocat |                    |                   |                   |
| ions** |                    |                   |                   |
|        |                    |                   |                   |
| (F     |                    |                   |                   |
| ederal |                    |                   |                   |
| and    |                    |                   |                   |
| non-F  |                    |                   |                   |
| ederal |                    |                   |                   |
| Gove   |                    |                   |                   |
| rnment |                    |                   |                   |
| alloc  |                    |                   |                   |
| ations |                    |                   |                   |
| are    |                    |                   |                   |
| iden   |                    |                   |                   |
| tical, |                    |                   |                   |
| unless |                    |                   |                   |
| oth    |                    |                   |                   |
| erwise |                    |                   |                   |
| spec   |                    |                   |                   |
| ified) |                    |                   |                   |
+--------+--------------------+-------------------+-------------------+
| Band   | Existing           | Realigned         | Summary of Major  |
| (GHz)  | Allocations        | Allocations       | Changes           |
+--------+--------------------+-------------------+-------------------+
| 50.    | EESS (passive)     | EESS (passive)    | Reduction of 0.2  |
| 2-50.4 | SPACE RESEARCH     |                   | GHz for fixed and |
|        | (passive) FIXED    | SPACE RESEARCH    | mobile services.  |
|        | MOBILE             | (passive)         |                   |
|        |                    |                   |                   |
|        | (Passive sensors   | (No stations will |                   |
|        | do not receive     | be authorized to  |                   |
|        | protection from    | transmit in this  |                   |
|        | fixed & mobile.)   | band.)            |                   |
+--------+--------------------+-------------------+-------------------+
| 51.4   | EESS (passive)     | 51.4-52.6         | Additional 1.2    |
| -54.25 |                    |                   | GHz for fixed and |
|        | SPACE RESEARCH     | FIXED MOBILE      | mobile services.  |
|        | (passive)          |                   |                   |
|        |                    |                   | Reductions of 1.2 |
|        | RADIO ASTRONOMY    |                   | GHz for EESS and  |
|        |                    |                   | space research    |
|        | (No stations will  |                   | and of 2.85 GHz   |
|        | be authorized to   |                   | for radio         |
|        | transmit in this   |                   | astronomy.        |
|        | band.)             |                   |                   |
+--------+--------------------+-------------------+-------------------+
|        |                    | 52.6-54.25        |                   |
|        |                    |                   |                   |
|        |                    | EESS (passive)    |                   |
|        |                    | SPACE RESEARCH    |                   |
|        |                    | (passive)         |                   |
|        |                    |                   |                   |
|        |                    | (No stations will |                   |
|        |                    | be authorized to  |                   |
|        |                    | transmit in this  |                   |
|        |                    | band.)            |                   |
+--------+--------------------+-------------------+-------------------+
| 54.2   | ISS EESS (passive) | 54.25-55.78       | ISS use limited   |
| 5-58.2 |                    |                   | to transmis-sions |
|        | SPACE RESEARCH     | ISS EESS          | between GSO       |
|        | (passive)          | (passive) SPACE   | satellites.       |
|        |                    | RESEARCH          |                   |
|        | FIXED MOBILE       | (passive)         | Reduction of 1.53 |
|        | (aeronautical      |                   | GHz for fixed and |
|        | mobile prohibited  |                   | mobile.           |
|        | from causing       |                   |                   |
|        | interference to    |                   |                   |
|        | ISS)               |                   |                   |
|        |                    |                   |                   |
|        | (Passive sensors   |                   |                   |
|        | do not receive     |                   |                   |
|        | protection from    |                   |                   |
|        | fixed & mobile.)   |                   |                   |
+--------+--------------------+-------------------+-------------------+
|        |                    | 55.78-58.2        | ISS use limited   |
|        |                    |                   | to transmission   |
|        |                    | ISS (55.78-56.9   | between GSO       |
|        |                    | GHz and 57-58.2   | satellites,       |
|        |                    | GHz allocated for | except that       |
|        |                    | Federal and       | additional        |
|        |                    | non-Federal       | flexibility is    |
|        |                    | Government use;   | authorized per    |
|        |                    | 56.9-57 GHz       | footnote G128.    |
|        |                    | allocated only    |                   |
|        |                    | for Federal       | Additional 1.2    |
|        |                    | Government use)   | GHz for Part 15   |
|        |                    | EESS (passive)    | devices.          |
|        |                    | SPACE RESEARCH    | Reduction of 0.1  |
|        |                    | (passive) FIXED   | GHz for           |
|        |                    | MOBILE            | commercial ISS.   |
|        |                    | (aeronautical     |                   |
|        |                    | mobile prohibited |                   |
|        |                    | from causing      |                   |
|        |                    | interference to   |                   |
|        |                    | ISS)              |                   |
|        |                    |                   |                   |
|        |                    | Radio astronomy   |                   |
|        |                    | observations may  |                   |
|        |                    | be made on an     |                   |
|        |                    | unprotected basis |                   |
|        |                    | at 56.24-56.29    |                   |
|        |                    | GHz               |                   |
|        |                    |                   |                   |
|        |                    | (57-58.2 GHz is   |                   |
|        |                    | available for     |                   |
|        |                    | Part 15           |                   |
|        |                    | unlicensed        |                   |
|        |                    | devices.)         |                   |
+--------+--------------------+-------------------+-------------------+
| 5      | EESS (passive)     | EESS (passive)    | Additional 0.8    |
| 8.2-59 |                    | SPACE RESEARCH    | GHz for fixed and |
|        | SPACE RESEARCH     | (passive) FIXED   | mobile services   |
|        | (passive)          | MOBILE (airborne  | and for Part 15   |
|        |                    | stations          | devices.          |
|        | RADIO ASTRONOMY    | prohibited in     |                   |
|        |                    | 58.422-58.472     | Reduction of 1    |
|        | (No stations will  | GHz)              | GHz for radio     |
|        | be authorized to   |                   | astronomy.        |
|        | transmit in this   | Radio astronomy   |                   |
|        | band.)             | observations may  |                   |
|        |                    | be made on an     |                   |
|        |                    | unprotected basis |                   |
|        |                    | at 58.422-58.472  |                   |
|        |                    | GHz               |                   |
|        |                    |                   |                   |
|        |                    | (Available for    |                   |
|        |                    | Part 15           |                   |
|        |                    | unlicensed        |                   |
|        |                    | devices.)         |                   |
+--------+--------------------+-------------------+-------------------+

+--------+--------------------+-------------------+-------------------+
| **     |                    |                   |                   |
| Contin |                    |                   |                   |
| uation |                    |                   |                   |
| of     |                    |                   |                   |
| Ex     |                    |                   |                   |
| isting |                    |                   |                   |
| vs     |                    |                   |                   |
| Rea    |                    |                   |                   |
| ligned |                    |                   |                   |
| A      |                    |                   |                   |
| llocat |                    |                   |                   |
| ions** |                    |                   |                   |
+--------+--------------------+-------------------+-------------------+
| Band   | Existing           | Realigned         | Summary of Major  |
| (GHz)  | Allocations        | Allocations       | Changes           |
+--------+--------------------+-------------------+-------------------+
| 59-64  | ISS FIXED MOBILE   | Federal           | Additional 0.3    |
|        | (aeronautical      | Government ISS    | GHz for EESS and  |
|        | mobile prohibited  | FIXED MOBILE      | space research.   |
|        | from causing       | (aeronautical     |                   |
|        | interference to    | mobile prohibited | Federal           |
|        | ISS) RADIOLOCATION | from causing      | Government ISS    |
|        | (airborne radars   | interference to   | use limited to    |
|        | prohibited from    | ISS)              | transmissions     |
|        | causing            | RADIOLOCATION     | between GSO       |
|        | interference to    | (airborne radars  | satellites in the |
|        | ISS)               | prohibited from   | 59-59.3 GHz band. |
|        |                    | causing           |                   |
|        | 61-61.5 GHz is     | interference to   | Reduction of 5    |
|        | designated for ISM | ISS) EESS         | GHz for           |
|        | applications.      | (passive; limited | commercial ISS.   |
|        |                    | to the 59-59.3    |                   |
|        | (Available for     | GHz band) SPACE   |                   |
|        | Part 15 unlicensed | RESEARCH          |                   |
|        | devices.)          | (passive; limited |                   |
|        |                    | to the 59-59.3    |                   |
|        |                    | GHz band)         |                   |
|        |                    |                   |                   |
|        |                    | 61-61.5 GHz is    |                   |
|        |                    | designated for    |                   |
|        |                    | ISM applications. |                   |
|        |                    |                   |                   |
|        |                    | Radio astronomy   |                   |
|        |                    | observations may  |                   |
|        |                    | be made on an     |                   |
|        |                    | unprotected basis |                   |
|        |                    | at 59.139-59.189  |                   |
|        |                    | GHz,              |                   |
|        |                    | 59.566-59.616     |                   |
|        |                    | GHz,              |                   |
|        |                    | 60.281-60.331     |                   |
|        |                    | GHz, 60.41-60.46  |                   |
|        |                    | GHz, and          |                   |
|        |                    | 62.461-62.511     |                   |
|        |                    | GHz.              |                   |
|        |                    |                   |                   |
|        |                    | (Available for    |                   |
|        |                    | Part 15           |                   |
|        |                    | unlicensed        |                   |
|        |                    | devices.)         |                   |
+--------+--------------------+-------------------+-------------------+
| 64-65  | EESS (passive)     | Federal           | Additional 1 GHz  |
|        |                    | Government ISS    | for fixed and     |
|        | SPACE RESEARCH     | FIXED MOBILE      | mobile except     |
|        | (passive)          | except            | aeronautical      |
|        |                    | aeronautical      | mobile services   |
|        | RADIO ASTRONOMY    | mobile            | and for Federal   |
|        |                    |                   | Government ISS.   |
|        | (No stations will  |                   |                   |
|        | be authorized to   |                   | Reduction of 1    |
|        | transmit in this   |                   | GHz for EESS,     |
|        | band.)             |                   | space research,   |
|        |                    |                   | and radio         |
|        |                    |                   | astronomy.        |
+--------+--------------------+-------------------+-------------------+
| 65-66  | EESS               | non-Federal       | Additional 1 GHz  |
|        |                    | Government ISS    | for commercial    |
|        | SPACE RESEARCH     | EESS SPACE        | ISS (available to |
|        | Fixed Mobile       | RESEARCH FIXED    | both GSO and NGSO |
|        |                    | MOBILE except     | systems).         |
|        |                    | aeronautical      |                   |
|        |                    | mobile            | Elevation of 1    |
|        |                    |                   | GHz for fixed and |
|        |                    |                   | mobile except     |
|        |                    |                   | aeronautical      |
|        |                    |                   | mobile services   |
|        |                    |                   | from secondary to |
|        |                    |                   | primary status.   |
+--------+--------------------+-------------------+-------------------+
| 66-71  | MSS                | non-Federal       | Additional 5 GHz  |
|        | RA                 | Government ISS    | for commercial    |
|        | DIONAVIGATION-SAT. | MSS               | ISS (available to |
|        | RADIONAVIGATION    | RAD               | both GSO and NGSO |
|        | MOBILE (land       | IONAVIGATION-SAT. | systems).         |
|        | mobile shall not   | RADIONAVIGATION   |                   |
|        | cause interference | MOBILE (land      |                   |
|        | to in-band space   | mobile shall not  |                   |
|        | services)          | cause             |                   |
|        |                    | interference to   |                   |
|        |                    | in-band space     |                   |
|        |                    | services and      |                   |
|        |                    | aeronautical      |                   |
|        |                    | mobile shall not  |                   |
|        |                    | cause             |                   |
|        |                    | interference to   |                   |
|        |                    | ISS)              |                   |
+--------+--------------------+-------------------+-------------------+

# background

5.  The 50.2-50.4 GHz and 51.4-71 GHz bands are part of the millimeter
    wave spectrum.[^7] In the United States, these bands are classified
    as Federal/non-Federal Government shared spectrum. Currently, the
    Federal and non-Federal Government allocations for these bands are
    identical.[^8] At this time, only Federal Government inter-satellite
    and Earth exploration-satellite (passive)[^9] services make use of
    portions of this spectrum. However, we note that Part 15 unlicensed
    devices that will operate in the 59-64 GHz band and Industrial,
    Scientific, and Medical (\"ISM\") equipment[^10] that will operate
    at 61.25 GHz are under active development.

6.  In May 1995, the National Telecommunications and Information
    Administration (\"NTIA\") of the U.S. Department of Commerce[^11]
    suggested modifications to current spectrum allocations. NTIA's
    suggestions were designed to better accommodate existing Federal
    Government and proposed commercial satellite systems.[^12] NTIA
    noted that Federal agencies operate satellites in the 60 GHz region
    of the spectrum in the Earth exploration-satellite (passive) and
    inter-satellite services. NTIA was aware that a non-Federal
    Government satellite applicant had requested the use of spectrum in
    this frequency range for inter-satellite links. To ensure acceptable
    operations between Federal Government users and proposed non-Federal
    Government users, NTIA urged the Commission to initiate a rulemaking
    to allocate the 65-71 GHz band to the Federal and non-Federal
    Government inter-satellite service. In addition, NTIA stated that,
    while the 54.25-58.2 GHz band was allocated to both the ISS and
    space-based passive services, co-channel sharing between these
    services would be difficult, particularly in cases involving
    inter-satellite links between low-Earth orbiting (\"LEO\")
    satellites. Subsequently, NTIA recommended that separate ISS
    spectrum be provided for Federal and commercial satellite networks.

7.  In July 1996, the Commission adopted a band plan that enabled GSO
    and NGSO FSS systems, feeder links for NGSO mobile satellite service
    systems, and Local Multipoint Distribution Service (\"LMDS\")
    systems to operate in the Ka-band.[^13] The Commission subsequently
    licensed an NGSO FSS Ka-band system[^14] and thirteen GSO FSS
    Ka-band systems.[^15] Nine of these licensees have requested ISS
    spectrum.

8.  In 1997, the United States made proposals at WRC-97, including those
    for the 50.2-50.4 GHz and 51.4-71 GHz bands.[^16] The goal of the
    U.S. 50.2-50.4 GHz and 51.4-71 GHz band proposals was to provide
    additional spectrum for both ISS and fixed and mobile services,
    while fully protecting existing and future spaceborne passive sensor
    operations in these bands. In November 1997, WRC-97 adopted these
    proposals with minor adjustments as explained below.[^17] In May
    1998, NTIA requested that the Commission initiate a rulemaking to
    implement the *WRC-97 Final Acts* with respect to the 50.2-71 GHz
    bands.[^18] In this Order, we adopt the majority of the WRC-97
    allocation decisions domestically.[^19]

9.  In June 1998, the Commission's International Bureau directed the
    Ka-band licensees to specify the frequency bands they proposed to
    use in light of the international allocations adopted at WRC-97. The
    licensees were also asked to coordinate the specific frequency bands
    with other Ka-band licensees to ensure they would not interfere with
    each other's systems before notifying the Commission of their
    requests.[^20] The nine Ka-band licensees updated their requests for
    ISS spectrum on October 9, 1998.[^21] Subsequently, the Bureau
    determined that additional information was needed from the licensees
    in light of other applications also requesting ISS spectrum.[^22] In
    December of 1999, the International Bureau sent out a request asking
    the licensees both to specify and justify their ISS spectrum
    requirements at each of their assigned orbital locations. The
    licensees responded in January of this year.

10. On April 30, 1999, NTIA revised its request with respect to footnote
    US263.[^23] NTIA stated that there have been studies within ITU
    Working Party 7C regarding compatibility between high density
    applications in the fixed service (\"HDFS\") and passive sensors.
    NTIA stated that these studies have identified potential sharing
    problems in the 55.78-56.26 GHz band that may necessitate limiting
    the power and antenna pattern of HDFS systems in order to adequately
    protect critical passive sensor operations in this band. Therefore,
    NTIA requested that footnote US263 be modified by deleting the
    55.78-56.26 GHz sub-band from the list of bands wherein the space
    research and Earth exploration-satellite services do not receive
    protection from fixed and mobile operations.

11. In July of 1999, we released a *Notice of Proposed Rule Making*
    (\"*Notice*\") responding to NTIA's request, including its proposed
    modification to footnote US263.[^24] On August 27, 1999, the
    Commission's Office of Engineering and Technology (\"OET\") extended
    the comment and reply comment deadlines to September 21, 1999, and
    October 6, 1999, respectively.[^25] We received nine comments and
    seven reply comments in response to the *Notice*.[^26]

12. Recently, the World Radiocommunication Conference (Istanbul, 2000)
    (\"WRC-2000\") concluded.[^27] The only substantive change in the
    frequency range under consideration in this instant proceeding deals
    with protecting EESS from HDFS in the 55.78-56.26 sub-band.[^28]
    WRC-2000 did not adopt the United States\' proposal for protecting
    EESS operations. On September 27, 2000, NTIA requested that we adopt
    the U.S. proposal in this Report and Order.[^29]

# DISCUSSION

## Realignment of the Fixed, Mobile, and Passive Services

13. In the *Notice*, we proposed to realign the existing frequency
    allocations in the 50.2-50.4 GHz and 51.4-71 GHz bands.
    Specifically, we proposed to allocate the 51.4-52.6 GHz and 58.2-59
    GHz bands to the fixed and mobile services on a primary basis and to
    delete unused fixed and mobile allocations from the 50.2-50.4 GHz
    and 54.25-55.78 GHz bands. We also proposed to allocate the 64-66
    GHz band to the fixed and mobile except aeronautical mobile services
    on a primary basis.[^30] In addition, we proposed to allocate the
    59-59.3 GHz band to the Earth exploration-satellite (passive) and
    space research (passive) services on a primary basis and to delete
    the passive sensor allocations from the 51.4-52.6 GHz and 64-65 GHz
    bands.

14. These proposals were based on ITU-R studies and an NTIA finding. The
    ITU-R studies concluded that high atmospheric attenuation rates make
    it possible for passive sensors[^31] to share spectrum with
    terrestrial fixed and mobile services at frequencies above 55.78
    GHz.[^32] As a result of the ITU-R studies, we proposed to allocate
    the 58.2-59 GHz and 65-66 GHz bands to the fixed and mobile services
    on a co-primary basis with passive sensors, except that aeronautical
    mobile services would not be permitted in the 65-66 GHz band.[^33]

15. Below 55.78 GHz, the ITU-R studies found that fixed and mobile
    operations could not share spectrum with passive sensors without
    causing harmful interference. This interference could affect weather
    forecasts and give false results on measurements of warming of the
    Earth.[^34] Because of these concerns, in the *Notice* we proposed
    to delete the fixed and mobile allocations from the 50.2-50.4 GHz
    and 54.25-55.78 GHz bands. In addition, NTIA found that the
    51.4-52.6 GHz and 64-65 GHz bands are no longer required for passive
    sensor operations.[^35] As a result of this finding, we proposed to
    allocate the 51.4-52.6 GHz and 64-65 GHz bands to the fixed and
    mobile services on a primary basis and to delete the passive sensor
    allocations from these bands.

16. The only commenters that addressed the proposals to realign the
    fixed, mobile, and passive sensor allocations at 51.4-52.6 GHz and
    64-65 GHz were the National Academies\' Committee on Radio
    Frequencies (\"CORF\")[^36] and the Fixed Wireless Communications
    Coalition (\"FWCC\"). CORF supports the realignment, stating that
    the Commission\'s proposals will likely lead to improvement of the
    operation of passive sensors in the Earth exploration-satellite
    service.[^37] CORF states that the 51.4-52.6 GHz band is less
    important to EESS and can be relinquished in favor of fixed and
    mobile services, as part of a realignment of frequencies that
    protects EESS observations at other frequencies.

17. FWCC states that the fixed service requires \"unconstrained\"
    spectrum as proposed in the *Notice*. FWCC has no objection to the
    conclusions in the ITU-R studies that the fixed service and passive
    sensors can share spectrum above 55.78 GHz without constraints.
    Thus, FWCC supports the allocation of \"unconstrained\" spectrum for
    the fixed service in the 55.78-59 GHz and 64-66 GHz bands, and does
    not object to the deletion of the fixed allocation from the
    50.2-50.4 GHz and 54.25-55.78 GHz bands.[^38] FWCC also supports an
    exclusive allocation for the fixed service in the 51.4-52.6 GHz
    band. FWCC requests that the 51.4-52.6 GHz, 55.78-59 GHz, and 64-66
    GHz bands *not* be allocated to the mobile service because of
    technical difficulties in sharing with fixed services.[^39]

18. We are adopting our realignment proposals with respect to the fixed,
    mobile, and passive service. These allocations and deletions conform
    U.S. spectrum allocations in these bands to those adopted at WRC-97.
    We concur with CORF\'s assessment that this realignment will improve
    the operations of passive sensors in this frequency range. This and
    previous Commission actions will together provide the fixed service
    with 10.94 gigahertz of \"unconstrained\" spectrum in the 51.4-52.6
    GHz and 56.26-66 GHz bands.[^40] We believe that providing mobile
    allocations in the 51.4-52.6 GHz, 55.78-59 GHz, and 64-66 GHz bands
    will provide future wide-area licensees with needed flexibility and
    thus, decline to limit terrestrial use of these bands to only the
    fixed service. In sum, the realignment produces a net gain of 2.27
    gigahertz of spectrum allocated on a primary basis for the fixed and
    mobile services and also eliminates the need for constraints on
    fixed and mobile services because these services will not share
    spectrum with the passive services below 55.78 GHz.[^41] The
    specific amendments to the Table of Frequency Allocations are
    described below.

19. First, we delete the unused fixed and mobile service allocations
    from the 50.2-50.4 GHz band. This action eliminates potential
    sources of interference by providing exclusive spectrum for passive
    sensor measurements. We note that NASA believes that the 50.2-50.4
    GHz band is probably the single most important passive sensing band
    in the 50-60 GHz range since it is used as a reference for all
    measurements in all channels from 52.6-59.3 GHz.[^42] It has the
    most stringent interference criteria as the interference threshold
    cannot be exceeded more than 0.01% of the time according to ITU
    Recommendation 1029-1.

20. Second, we allocate the 51.4-52.6 GHz and 58.2-59 GHz bands to the
    fixed and mobile services on a primary basis and allocate the 64-66
    GHz band to the fixed and mobile except aeronautical mobile services
    on a primary basis. We delete the unneeded EESS allocations and the
    unused space research allocations from the 51.4-52.6 GHz and 64-65
    GHz bands.

21. Third, we delete the fixed and mobile service allocations from the
    54.25-55.78 GHz band. Consequently, the requirement in footnote 909
    that aeronautical mobile station transmissions in this band not
    cause harmful interference to ISS operations is unneeded and is
    therefore deleted. We take these actions to protect ongoing in-band
    passive sensor measurements from sources of potential
    interference.[^43] According to CORF, uncorrupted passive microwave
    observations in these bands improve weather prediction and climate
    monitoring.[^44] Deleting the fixed and mobile allocations from the
    54.25-55.78 GHz band will not have a detrimental impact to any
    operations because these bands are not being used for fixed and/or
    mobile services.

22. Fourth, we allocate the 59-59.3 GHz band to the Earth
    exploration-satellite (passive) and space research (passive)
    services on a primary basis. This 300 megahertz allocation
    implements the WRC-97 allocation domestically for these services.

23. As a result of the realignment, we must modify footnotes US246 and
    US263. Currently, the bands 51.4-54.25 GHz, 58.2-59 GHz, and 64-65
    GHz are \"passive\" bands; that is, the Commission does not permit
    transmissions in these bands. This requirement is codified at
    footnote US246. We modify footnote US246 by shifting the prohibition
    against authorizing stations to transmit from the 51.4-54.25 GHz,
    58.2-59 GHz, and 64-65 GHz bands to the 50.2-50.4 GHz and 52.6-54.25
    GHz bands to be consistent with the Commission's decision to narrow
    the passive bands to 50.2-50.4 GHz and 52.6-54.25 GHz. Currently,
    passive sensors (in the space research and Earth
    exploration-satellite services) share the bands 50.2-50.4 GHz and
    54.25-58.2 GHz with (active) fixed and mobile services. Footnote
    US263 states that these co-channel services equally share the
    spectrum. In this proceeding, we delete the fixed and mobile
    services from the bands 50.2-50.4 GHz and 54.25-55.78 GHz. We
    therefore modify footnote US263 by shifting the passive sensor bands
    that will not receive protection from properly operating fixed and
    mobile services from the 50.2-50.4 GHz and 54.25-58.2 GHz bands to
    the 56.26-58.2 GHz band.

## High-Density Applications in the Fixed Service (\"HDFS\")

24. In the *Notice*, we acknowledged that WRC-97 adopted new footnote
    S5.547.[^45] Footnote S5.547 makes the 31.8-33.4 GHz, 51.4-52.6 GHz,
    55.78-59 GHz, and 64-66 GHz bands \"available for high-density
    applications in the fixed service.\"[^46] We requested comment on
    whether footnote S5.547 should be adopted domestically, what the
    ramifications of such an action would be, and whether, in order to
    assure spectrum availability for HDFS, the bands should *not* be
    allocated to the mobile service.[^47] Moreover, if we adopted
    footnote S5.547, we stated that it might be necessary to place a
    limit on the radiated power of HDFS stations toward zenith in the
    55.78-56.26 GHz sub-band in order to protect passive sensors.[^48]

25. All of the parties commenting on the issue support adoption of
    footnote S5.547. However, these parties disagree on whether this
    spectrum should be used for licensed fixed services or for
    unlicensed Part 15 devices.

26. FWCC, Nokia Telecommunications Inc. (\"Nokia\"), and Hewlett Packard
    Company (\"HP\") urge the adoption of footnote S5.547 in the context
    of *licensed* fixed services. FWCC believes that its adoption is
    necessary in order to provide spectrum availability for licensed
    HDFS in the 51.4-52.6 GHz, 55.78-59 GHz, and 64-66 GHz bands.[^49]
    FWCC states that these specific bands have been identified in the
    ITU Radio Regulations for the HDFS to address specifically the needs
    of IMT-2000 systems.[^50] As seen by the FWCC, it is important for
    the Commission to protect these bands for fixed use to meet the
    backbone infrastructure requirements of future mobile services.
    Additionally, FWCC states that, in the interests of global
    harmonization, it is important that the Commission adopt
    domestically spectrum allocations made internationally for the fixed
    service.

27. In contrast, Nokia and HP support making the 57-59 GHz and 64-66 GHz
    bands available for HDFS use on an *unlicensed* basis.[^51]
    Specifically, HP supports the concept of an unlicensed high-density
    fixed service and therefore, the basic concept enshrined in footnote
    S5.547. However, HP believes we should refrain from adopting
    footnote S5.547 unless it can be concluded that this footnote does
    not contain any imbedded technical requirements or unnecessarily
    restrictive definition of what constitutes high-density fixed
    service. In its reply comments, NTIA expressed concern that
    sufficient information may not be available to support changes to
    the United States Table of Frequency Allocations regarding
    HDFS.[^52]

28. At WRC-2000, footnote S5.547 was modified[^53] and new footnote
    S5.557A was adopted. Footnote S5.557A reads as follows: \"In the
    band 55.78-56.26 GHz, in order to protect stations in the Earth
    exploration-satellite service (passive), the maximum power density
    delivered by a transmitter to the antenna of a fixed service station
    is limited to -26 dB(W/MHz).\"

29. We decline to adopt footnote S5.547 at this time. Adoption is
    unnecessary given that, as a result of this Order, the 51.4-52.6
    GHz, 55.78-59 GHz, and 64-66 GHz bands are allocated to the fixed
    service on a primary basis and thus, are available for any fixed
    point-to-point or fixed point-to-multipoint use, including HDFS use.
    Further we decline to limit these bands to HDFS only, which would be
    counter to our policy of permitting the maximum flexibility where
    appropriate to licensees and equipment manufacturers in using
    spectrum to meet market demands.[^54] If we designate the 51.4-52.6
    GHz, 55.78-59 GHz, and 64-66 GHz bands for HDFS use only, then other
    fixed and mobile services, and their related technologies, may be
    precluded from using this spectrum even if a demand develops for
    these services.

30. Irrespective of whether footnote S5.447 is adopted, NTIA requests
    that passive sensors on board Earth exploration satellites be
    protected from unacceptable interference in the sub-band 55.78-56.26
    GHz. In the *Notice*, we proposed to modify footnote US263 by
    deleting the sub-band 55.78-56.26 GHz in order to allow passive
    sensors to receive protection from fixed and mobile operations. We
    made this proposal because there have been studies within ITU
    Working Party 7C regarding compatibility between HDFS and EESS
    (passive). During the U.S. WRC-2000 preparatory process, this issue
    was discussed within the delegation, including Commission and
    private sector participants. In its proposals for WRC-2000, the
    United States stated that \"based upon studies contained within
    Recommendation ITU-R SA.1279, sharing is feasible between the EESS
    passive and the HDFS provided that the parameters assumed in the
    Recommendation are not exceeded.\"[^55] Therefore, the United States
    proposed that WRC-2000 adopt the following international footnote:
    \"Within the band 55.78-56.26 GHz, the maximum power density
    delivered by a transmitter to the antenna of the FS \[Fixed
    Service\] is limited to ‑28.5 dB(W/MHz) in order to protect stations
    in the EESS passive service.\" WRC-2000 did not adopt the United
    States proposal. Instead, WRC-2000 adopted -26 dB(W/MHz) in new
    footnote S5.557A. NTIA finds the WRC-2000 limit unacceptable and
    requests that we adopt the U.S. proposal domestically. We believe
    that this issue requires additional public comment and thus, decline
    to adopt a limit at this time. Instead, we will consider NTIA\'s
    request in our upcoming WRC-2000 Implementation proceeding.

## Unlicensed Devices

### Additional Availability

31. In 1996, the Commission made the 59-64 GHz band available for
    unlicensed Part 15 devices because the propagation characteristics
    of this band limits its use to very short-range communications.[^56]
    The Commission found that licensing the band was unnecessary because
    of the limited potential for interference due to oxygen absorption
    and the narrow beamwidth of point-to-point antennas likely to be
    used in this spectrum.[^57]

32. In the *Notice*, we proposed to make the 57-59 GHz and 64-66 GHz
    bands available for use by unlicensed devices under Part 15 of the
    Commission's Rules.[^58] We tentatively found that licensing was not
    necessary for these bands because the oxygen absorption
    characteristics of these bands limited the potential for
    interference.[^59] We also tentatively found that low-power
    unlicensed use of these bands was ideal because it further reduced
    the chance of harmful interference to in-band sensors.[^60] We
    sought comment on whether the 55.78-57 GHz band also should be made
    available for use by unlicensed Part 15 devices.[^61]

33. Harmonix Corporation (\"Harmonix\"), HP, the International Microwave
    Power Institute (\"IMPI\"), the License Exempt Spectrum Subcommittee
    (\"LESS\"), and Nokia support making the 57-59 GHz and 64-66 GHz
    bands available for use by unlicensed Part 15 devices.[^62] HP,
    Nokia, and Harmonix believe that the addition of the 57-59 GHz and
    64-66 GHz bands to the existing 59-64 GHz unlicensed band will
    increase the availability of flexible, low-cost, high-bandwidth
    communications.[^63] Furthermore, making additional spectrum
    available for unlicensed Part 15 devices would make it possible for
    these devices to avoid ISM operations in the sub-band 61-61.5
    GHz,[^64] while still having sufficient contiguous bandwidth for
    high-capacity communications.[^65] HP and Nokia state that the
    propagation characteristics of the 57-59 GHz and 59-64 GHz bands are
    essentially the same.[^66] In particular, we note that Nokia states
    that it has developed technology that can use the 57-59 GHz band for
    the fixed links between base stations and that the use of this
    technology could ease congestion on the 2.1 GHz, 6 GHz, and 11 GHz
    bands. [^67] Nokia further states that it has already begun
    deploying this type of equipment in the 57-59 GHz band in Europe.
    Nokia believes that by harmonizing U.S. and international
    applications, the Commission will foster economies of scale that
    will encourage the introduction of this spectrally efficient
    technology in the United States.

34. Harmonix states that making the 64-66 GHz band available for
    unlicensed use would double the data speed achievable over short
    distances and would make some bandwidth at the edges of the \"oxygen
    absorption band\" suitable for somewhat greater distances.[^68]
    While HP also supports making the 64-66 GHz band available for use
    by Part 15 devices, it acknowledges the different propagation
    characteristics that make this band more suitable for slightly
    longer distance communications. HP states that oxygen absorption has
    a minimum value of 2 dB/km in the 64-66 GHz band, which is
    significantly less attenuation than would occur in the existing
    unlicensed band.[^69] In contrast, KaStar Satellite Communications
    Corp. (\"KaStar\") requests that we not make spectrum available for
    unlicensed devices in the 65-66 GHz band until technical rules are
    adopted that will protect GSO and NGSO FSS licensees and
    applicants.[^70] LESS recommends that we address KaStar\'s request
    in a separate proceeding.

35. LESS supports making the 55.78-57 GHz (in addition to the 57-59 GHz
    and 64-66 GHz bands) available for unlicensed use. LESS states that
    point-to-point links between base stations use narrow-beam
    directional antennas placed typically at heights above 40 meters
    (about 131 feet) and thus, the probability of interference is low.
    LESS also states that unlicensed links in the 55.78-59 GHz band
    could be used for redundancy and low priority traffic or for a
    variety of other applications such as home networking.[^71] In
    contrast, FWCC argues against making the 55.78-59 GHz band available
    for use by unlicensed Part 15 devices, claiming that additional
    spectrum is needed by the fixed service for \"last mile\"
    applications.[^72] FWCC questions the desirability of operating base
    stations on an unlicensed basis and argues that it is highly
    unlikely that mobile base station interconnectivity can be achieved
    using \"unregulated\" spectrum.[^73] Nokia states that FWCC is
    incorrect: it has designed and is currently marketing in Europe a
    micro-cellular base station that operates on an unlicensed basis in
    the 57-59 GHz band. Nokia further argues that its micro-cellular
    solution will allow carriers to respond rapidly to a lack of system
    capacity in hot spots precisely because it is unlicensed.

36. At 57-59 GHz, we believe that unlicensed equipment can generally
    operate without causing interference because the oxygen absorption
    characteristics of this spectrum limit the range of the signals. As
    indicated in the *Notice*, it is this limited range and the
    resulting limited potential for interference that makes this
    spectrum ideal for use by unlicensed Part 15 devices. Although the
    limited range of such transmissions might appear to be a major
    disadvantage for longer range applications, the ability to reuse
    frequencies within very short distances allows a higher
    concentration of transmitters to be located in a geographical area
    than is possible with transmitters that operate at lower
    frequencies. Also, the wide bandwidth available in the millimeter
    wave spectrum can support the operation of wireless communications
    links with capacity approaching that of coaxial cable and fiber
    optic systems.[^74] Therefore, we find that licensing of
    point-to-point fixed links in the 57-59 GHz band is not necessary
    because the oxygen absorption rate and the narrow beamwidth of
    antennas likely to be operating in this frequency range limit the
    potential for interference. The propagation characteristics of this
    band limit its use to short links. As a result, its use has little
    chance of causing harmful interference to in-band passive sensors.
    Nonetheless, we are prohibiting the use of unlicensed equipment
    operating in the 57-59 GHz band on aircraft or satellites. Making
    this spectrum available for use by unlicensed Part 15 devices
    provides operators with greater flexibility in using this spectrum.
    Unlicensed use provides a multitude of users with a high level of
    flexibility in how they use the spectrum. Making this spectrum
    available to unlicensed Part 15 devices harmonizes U.S. spectrum
    applications with international spectrum applications and allows the
    U.S. market to benefit from technology currently being used in
    Europe. This fulfills the goal of global harmonization of spectrum
    usage by enabling innovations that can be used both here and abroad,
    lessening the overall developmental costs of new and innovative
    technologies. Therefore, this band is ideally suited for terrestrial
    unlicensed use. Accordingly, we make the 57-59 GHz band available
    for use by unlicensed Part 15 devices.

37. We decline to make the 55.78-57 GHz and 64-66 GHz bands available to
    Part 15 devices at this time. We are especially cognizant of the
    fact that there are differences in propagation characteristics of
    the 64-66 GHz band versus the 57-64 GHz band. Thus, the greater
    distances mentioned by Harmonix means that there could also be an
    increased risk of interference between users of the 64-66 GHz band
    if appropriate technical limits are not adopted. Given the different
    propagation characteristics of the 64-66 GHz band and the 57-64 GHz
    band combined with our decision to make two more gigahertz of
    spectrum available for unlicensed use in the 57-59 GHz band, we
    decline to make the 64-66 GHz band available for use by unlicensed
    devices at this time.

### Spectrum Etiquette for the 57-64 GHz Band

38. In the *Notice*, we did not propose technical rules for unlicensed
    use of the 57-59 GHz band.[^75] We did however seek comment on the
    technical rules needed for spectrally efficient operation of
    unlicensed devices in this band. We also asked if we should employ
    the existing technical rules and etiquette from the 59-64 GHz band
    for this band.[^76] The commenting parties generally support
    applying the spectrum etiquette for the 59-64 GHz band to the 57-59
    GHz band.[^77] For example, Harmonix, HP, and Nokia argue that we
    should extend the spectrum etiquette for the 59-64 GHz band to the
    57-59 GHz band because the signal propagation/oxygen attenuation
    characteristics of this band are similar to the 59-64 GHz band.[^78]
    We concur with the parties and extend the etiquette rules concerning
    the 59-64 GHz band to include the 57-59 GHz band. This action will
    provide users with access to seven gigahertz of contiguous spectrum
    and promote the rapid introduction of unlicensed devices in this
    band. We amend Section 15.255 of our rules to reflect this change.

39. Because we are expanding the current spectrum etiquette to the 57-59
    GHz band, we believe it is appropriate to modify Section 15.255 of
    our rules. Specifically, Section 15.255(d) reserves the 59-59.05 GHz
    segment for specific purposes -- spurious emissions and a
    publicly-accessible coordination channel.[^79] To enable users
    unfettered access to contiguous spectrum between 57 GHz and 64 GHz,
    we move the coordination channel from 59-59.05 GHz to 57-57.05 GHz.
    This will preserve the goals of setting aside 50 megahertz of
    spectrum to allow techniques for mitigating or eliminating
    interference that may occur between different unlicensed
    transmitters operating in the same frequency band and will provide
    flexibility in channel widths for unlicensed devices. This change
    should not affect any existing operations because no unlicensed
    equipment has been authorized to operate in the 59-64 GHz band.
    Accordingly, we are revising Section 15.255(g) of our Rules to
    reflect this decision.

40. Finally, we note that Harmonix, while supporting extending the 59-64
    GHz spectrum etiquette to the 57-59 GHz band, recommends that the
    transmitter identification requirement found in Section 15.255(i) of
    our Rules be modified.[^80] Harmonix notes that the requirement was
    designed to make it possible for a user experiencing interference to
    identify the source of the interference and that it was drafted
    primarily to suit indoor wireless local area network systems using
    wide-angle antennas.[^81] Harmonix claims that when applied to
    outdoor point-to-point systems, the requirement adds significant
    cost without concomitant benefit. It asserts that the propagation
    characteristics of this spectrum combined with the use of narrowly
    focused beam of a point-to-point system will result in an inherently
    low probability of creating interference.[^82] Harmonix claims its
    experience in Japan confirms its claims that these radios are "very
    unlikely to cause detectable interference" to other systems, or to
    each other.[^83] They also argue that the transmitter identification
    is not workable in the field because it requires the victim to know
    the manufacturer of the offending equipment. Section 15.255(i) of
    our rules requires each manufacturer to publish instructions on how
    to detect and decode its transmitter identification.[^84] According
    to Harmonix however, the interference victim cannot obtain the
    instructions for decoding the transmitter identification information
    without first determining the identity of the manufacturer,
    something it cannot determine without detecting and decoding the
    transmitter identification.[^85] Thus, the victim must have the
    instructions to identify the manufacturer but it must identify the
    manufacturer to identify the instructions.[^86] As such, the
    transmitter requirement appears to be useless.

41. We decline to eliminate the transmitter identification requirement
    at this time. Instead, we modify the requirement to protect the
    systems for which it was designed, *i.e.*, transmissions that
    emanate from inside a building.[^87] This minor alteration should
    protect indoor systems from interference, while not unnecessarily
    burdening outdoor systems that pose little interference threat to
    indoor systems or other outdoor systems. Indoor equipment will be
    required to have the ID because indoor equipment is under the
    control of the system operator. The system operator knows its
    equipment and thus can decode the ID information and find out which
    transmitter is interfering with the rest of its system. In contrast,
    the victim of interference from outdoor equipment would not be able
    to determine the identity of the manufacturer and thus, the victim
    could not decode the ID. This spectrum is likely to be used for
    point-to-point operations and thus this is not likely to be a
    problem. Expanding the spectrum etiquette for the 59-64 GHz band to
    the 57-59 GHz and modifying it as discussed above makes the 57-59
    GHz band available immediately without burdening it with potentially
    unnecessary regulatory requirements.

## Inter-Satellite Service (\"ISS\")

### Separate Federal and Commercial Allocations

42. In the *Notice*, we proposed to provide separate ISS spectrum for
    Federal and non-Federal Government satellite systems. Specifically,
    we proposed to allocate the 65-71 GHz band to the non-Federal
    Government ISS, to delete the non-Federal Government ISS allocation
    from the 56.9-57 GHz and 59-64 GHz bands, and to allocate the 64-65
    GHz band to the Federal Government ISS. We made these proposals
    based on (1) a pressing demand for spectrum that could be used for
    commercial inter-satellite links,[^88] (2) NTIA assertions that
    Federal Government operations in the 59-64 GHz band are not
    compatible with proposed commercial ISS uses of this band,[^89]
    and (3) a tentative finding that allocating the 65-71 GHz band for
    exclusive commercial use is sufficient to accommodate all pending
    requests by NGSO licensees for ISS spectrum. We also proposed to
    adopt footnote S5.558 domestically, thereby requiring that
    aeronautical mobile operations in the 66-71 GHz bands not cause
    harmful interference to inter-satellite links.[^90]

43. The commenters support the ISS proposals made in the *Notice*.[^91]
    Lockheed Martin Corporation (\"Lockheed Martin\") and the Satellite
    Industry Association (\"SIA\") agree with our tentative conclusion
    that all pending ISS requests from *NGSO* licensees can be
    accommodated in the 65-71 GHz band.[^92] Lockheed Martin, GE
    American Communications, Inc. (\"GE Americom\"), and SIA support the
    adoption of footnote S5.558.[^93]

44. KaStar states that allocation of the 65-71 GHz band should be
    sufficient to permit existing *GSO* FSS Ka-band licensees to operate
    their inter-satellite links without causing harmful interference to
    each other.[^94] However, KaStar also states that it is uncertain
    whether GSO FSS and NGSO FSS systems can share the 65-71 GHz band or
    whether a further partitioning of that band would be necessary.
    KaStar requests that second-round and future GSO and NGSO FSS
    applicants be prohibited from causing interference to \"incumbent\"
    GSO and NGSO FSS licensees.

45. We find that there is pressing demand for ISS spectrum and that
    Federal Government operations in 59-64 GHz band are not compatible
    with proposed commercial use. We also find that ITU-R technical
    studies have demonstrated that it is feasible for ISS and existing
    services to share the 65-71 GHz band[^95] and that the 65-71 GHz
    band can accommodate all pending requests by NGSO commercial
    licensees for ISS spectrum.[^96] Therefore, we are providing
    separate ISS spectrum for commercial entities and Federal agencies.
    Accordingly, we allocate the 65-71 GHz band to the non-Federal
    Government inter-satellite service on a primary basis. This six
    gigahertz allocation provides GSO and NGSO commercial satellite
    licensees with the ISS spectrum they need to interconnect satellites
    within their respective networks.[^97] This action should enhance
    competition and facilitate the introduction of advanced satellite
    telecommunications services in the United States and around the
    world.[^98]

46. To provide separate ISS spectrum for Federal agencies, we allocate
    the 64-65 GHz band on a primary basis to the Federal Government
    inter-satellite service and delete the non-Federal Government ISS
    allocation from the 56.9-57 GHz and 59-64 GHz bands. Currently,
    there is 8.95 gigahertz of spectrum allocated for Federal and
    non-Federal Government ISS use in this frequency range (54.25-58.2
    GHz and 59-64 GHz). As a result of this Order, Federal agencies will
    have exclusive access to 6.1 gigahertz of ISS spectrum (56.9-57 GHz
    and 59-65 GHz) and commercial satellite companies will have
    exclusive access to 6 gigahertz (65-71 GHz), with 3.85 gigahertz
    that remains shared between Federal agencies and commercial
    licensees (54.25-56.9 GHz and 57-58.2 GHz). However, 400 megahertz
    of the Federal Government exclusive ISS spectrum is limited to GSOs
    (56.9-57 GHz and 59-59.3 GHz), none of the commercial exclusive
    spectrum is limited to GSOs, and all of the shared spectrum is
    limited to GSOs. To compensate Federal agencies for the WRC-97
    imposed GSO limitation on the use of the band 59-59.3 GHz (300
    megahertz), the Commission provides Federal agencies with 100
    megahertz of \"extra\" spectrum.

47. We also take the following steps to protect the new ISS allocations
    in the 64-71 GHz band. As discussed below, we allocate the 64-66 GHz
    band to the fixed and mobile except aeronautical mobile
    services.[^99] The restriction on aeronautical mobile services
    combined with the oxygen attenuation characteristics of this
    spectrum should prevent interference between terrestrial fixed and
    mobile services and ISS operations in the same band. Further, to
    protect ISS operations in the 66-71 GHz band, we adopt footnote
    S5.558, thereby requiring that aeronautical mobile operations not
    cause harmful interference to ISS operations in this band. This
    restriction, combined with the existing prohibition on land mobile
    services causing interference to space radiocommunication services
    in these bands,[^100] should enable ISS operators to take full
    advantage of this new allocation without suffering interference from
    terrestrial uses of the band.

48. While we believe that sufficient ISS spectrum is available for
    current satellite systems, we are concerned about whether there will
    be enough spectrum for future systems. Therefore, we intend to
    explore whether the sub-bands 58.2-58.422 GHz and 58.472-59 GHz can
    be allocated to the inter-satellite service on a primary basis at a
    future competent international conference.[^101]

### International Footnote S5.556A

49. WRC-97 adopted footnote S5.556A in order to permit passive sensors
    and inter-satellite links to make use of the same spectrum.
    Specifically, footnote S5.556A limits ISS use of the 54.25-56.9 GHz,
    57-58.2 GHz, and 59-59.3 GHz bands to transmissions between
    geostationary satellites that comply with a p.f.d. limit of -147 dBW
    per square meter per 100 megahertz for all angles of arrival at the
    passive sensor\'s orbital altitude, *i.e.*, altitudes of 1000
    kilometers (approximately 621.4 miles) or less above the Earth\'s
    surface.[^102] In the *Notice*, we proposed to adopt international
    footnote S5.556A domestically. We based this proposal on ITU-R
    technical studies that have shown that these restrictions are
    necessary to prevent ISS transmissions from causing harmful
    interference to passive sensor reception in the 54.25-58.2 GHz
    band.[^103]

50. CORF, Lockheed Martin, and GE Americom support the adoption of
    footnote S5.556A.[^104] For example, CORF states that studies have
    shown that operation of inter-satellite links in planned networks of
    NGSO fixed and mobile satellites can cause excessive interference to
    passive sensors in the 54.25-58.2 GHz band. These same studies show,
    however, that inter-satellite links between GSO satellites will not
    cause excessive interference provided that a p.f.d. limit is
    instituted to protect the sensors. Specifically, CORF states that
    sharing is feasible between passive sensors and GSO inter-satellite
    links provided the p.f.d. at altitudes of 1,000 km or less above the
    Earth\'s surface produced by emissions from a space station do not
    exceed -147 dBW/m²/(100 MHz) for all angles of arrival.[^105] Given
    compliance with this emission limit, we find that it is feasible for
    passive sensors and GSO inter-satellite links to share the
    54.25-59.3 GHz band. Accordingly, we adopt footnote S5.556A
    domestically. We note that, while footnote S5.556A explicitly
    precludes NGSO networks from accessing 4.15 gigahertz of spectrum
    (56.25-56.9 GHz, 57-58.2 GHz, and 59-59.3 GHz), there is sufficient
    spectrum in the 65-71 GHz band to accommodate all pending requests
    by NGSO commercial licensees for ISS spectrum.

### The 56.9-57 GHz Band

51. In paragraph 46, above, we provide Federal agencies with exclusive
    use of the ISS allocation in the 56.9-57 GHz band. At WRC-97, ISS
    use of the 56.9-57 GHz band was limited to transmissions between GSO
    satellites and to transmissions from NGSO satellites in high-Earth
    orbit to those in low-Earth orbit.[^106] In its 1998 letter, NTIA
    requested that we also permit transmissions between GSO satellites
    and satellites in high-Earth orbit and from GSO satellites to
    satellites in low-Earth orbits.[^107] In the *Notice*,[^108] we
    proposed to provide Federal agencies with the requested flexibility.
    No party commented on NTIA\'s request. Accordingly, we adopt the
    following footnote to our Table of Frequency Allocations:

G128 Use of the band 56.9-57 GHz by inter-satellite systems is limited
to transmissions between satellites in geostationary orbit, to
transmissions between satellites in geostationary satellite orbit and
those in high-Earth orbit, to transmissions from satellites in
geostationary satellite orbit to those in low-Earth orbit, and to
transmissions from non-geostationary satellites in high-Earth orbit to
those in low-Earth orbit. For links between satellites in the
geostationary satellite orbit, the single entry power flux-density at
all altitudes from 0 km to 1000 km above the Earth\'s surface, for all
conditions and for all methods of modulation, shall not exceed -147 dB
(W/m²/100 MHz) for all angles of arrival.

## Radio Astronomy and Radiolocation

52. In the *Notice*, we proposed to reflect the *WRC-97 Final Acts* in
    the United States Table by deleting the radio astronomy service\'s
    direct Table allocation from the 51.4-54.25 GHz and 64-65 GHz bands
    and by adopting footnote S5.556, which permits radio astronomy
    observations to be carried out under national arrangements. [^109]
    These proposals were based on a tentative finding that radio
    astronomy use of the 51.4-54.25 GHz and 64-65 GHz bands is a
    domestic issue best authorized under national arrangements.[^110] In
    the United States, these bands are allocated to the Federal and
    non-Federal Government radio astronomy (\"RA\") service on a primary
    basis.[^111] Nevertheless, the coordinator for Task 2 of ITU-R Joint
    Rapporteurs Group 7D-9D found that there was no known usage of the
    51.4-52.6 GHz, 55.78-59 GHz, and 64-66 GHz bands by the RA
    community. Further they found that \"\[e\]ven if radio astronomical
    use were to develop, there should not be any problems with radio
    astronomy stations sharing \[these\] band\[s with\] . . . HDFS since
    RA use of these bands must already be coordinated with the fixed
    service within individual Administrations.\"[^112] NTIA requested
    that the radio astronomy service allocation be deleted from the
    51.4-54.25 GHz and 64-65 GHz bands because it is unused and to make
    way for the fixed, mobile, and ISS allocations discussed above. NTIA
    also requested that we implement international footnote S5.556 in
    these bands to allow RA operations on a national basis if the need
    for these frequencies develops within the RA community. NTIA did not
    propose any change to the radio astronomy service allocation in the
    58.2-59 GHz band.[^113]

53. In comments, CORF agrees that, \"due to atmospheric absorption,
    terrestrial radio astronomy observations are not made in the
    51.4-54.25 GHz, 58.2-59 GHz, and 64-65 GHz bands.\"[^114] As a
    result, CORF does not oppose deletion of these allocations. Instead,
    CORF requests that we provide footnote protection to seven 50
    megahertz sub-bands centered on 56.265 GHz, 62.486 GHz, 58.447 GHz,
    59.591 GHz, 60.306 GHz, 60.435 GHz, and 59.164 GHz. CORF requests
    that the footnote limit assignment of these frequencies, and where
    necessary, to assign the frequencies starting with the latter
    frequencies.[^115] CORF informs us that \"space-based observations
    of the oxygen molecule in cosmic molecular clouds are an important
    and imminent goal of scientific research.\"[^116] CORF is concerned
    that space-based observations at frequencies between 56 GHz and 62
    GHz would be vulnerable to interference from ISS transmissions, such
    as those we allocated in this Order.[^117] CORF notes that
    measurement of interstellar oxygen is ongoing and that NASA and
    several other entities have plans for future space-based observation
    of oxygen molecules.[^118] CORF asserts that, although space-based
    observations would not be affected by unlicensed and fixed or mobile
    terrestrial devices operated on or near the Earth's surface, ISS
    operations could cause problems for space-based radio telescopes.
    Therefore, CORF requests footnote protection for these seven 50
    megahertz sub-bands.

54. As proposed in the *Notice*, we are deleting the radio astronomy
    service allocations from the 51.4-54.25 GHz and 64-65 GHz bands.
    However, since CORF, which represents the interests of Federal and
    non-Federal Government radio astronomy users of the radio spectrum,
    has determined that there is no need for a national arrangement for
    radio astronomy observations in the 51.4-54.25 GHz and 64-65 GHz
    bands, we decline to adopt international footnote S5.556 at this
    time. In addition, we are deleting the radio astronomy allocation
    from the 58.2-59 GHz band because CORF asserts that this band cannot
    be used for terrestrial radio astronomy observations.

55. With regard to CORF\'s request, we have consulted with NTIA and are
    providing the following informational footnote to alert ISS
    applicants that space-based radio astronomy observations may occur
    in the future:

> US353 In the sub-bands 56.24-56.29 GHz, 58.422-58.472 GHz,
> 59.139-59.189 GHz, 59.566-59.616 GHz, 60.281-60.331 GHz, 60.41-60.46
> GHz, and 62.461-62.511 GHz, space-based radio astronomy observations
> may be made on an unprotected basis.

Because emissions from spaceborne or airborne stations can be
particularly serious sources of interference to radio astronomy
observations, we are precluding such operations in the 50 megahertz
sub-band that is within the former primary radio astronomy allocation at
58.2-59 GHz.

US354 In the sub-band 58.422-58.472 GHz, airborne stations and space
stations in the space-to-Earth direction shall not be authorized.

56. Finally, as proposed in the *Notice*, we correct a typographical
    error in the United States Table of Frequency Allocations by adding
    a reference to footnote S5.559 in the 59-64 GHz band.[^119] This
    footnote reference had been inadvertently dropped from the
    Table.[^120]

# PROCEDURAL INFORMATION

## Effective Date for the non-Federal Government ISS Allocation in the 65-71 GHz Band

57. We are currently in the process of considering requests for ISS
    spectrum in the 65-71 GHz band from various non-Federal Government
    applicants. For this reason, we will make the non-Federal Government
    ISS allocation in the 65-71 GHz band effective upon publication in
    the Federal Register. The benefit of this action would be to
    facilitate licensing of various satellite systems in this band. This
    is particularly important for certain Ka-Band systems because, under
    ITU rules, certain U.S. filings for ITU frequency coordination may
    be forfeited if operational Ka-band satellites are not \"brought
    into use\" by October 2004. Therefore, we find that the public
    interest will best be served by immediately allocating the 65-71 GHz
    band to the non-Federal Government inter-satellite service on a
    primary basis. *See* 5 U.S.C. § 553(d)(3); *Omnipoint Corp. v. FCC*,
    78 F.3d 620, 630 (D.C. Cir. 1996). Because there are currently no
    users in the 65-71 GHz band, we find that no parties will be harmed.

## Final Regulatory Flexibility Certification

58. This *Report and Order* finalizes the spectrum realignment proposed
    in the *Notice* issued by the Commission in July of 1999.[^121] We
    received no comments in response to the Initial Regulatory
    Flexibility Analysis in the *Notice*. The Regulatory Flexibility Act
    (\"RFA\")[^122] requires that a regulatory flexibility analysis be
    prepared for rulemaking proceedings, unless the agency certifies
    that \"the rule will not have a significant economic impact on a
    substantial number of small entities.\"[^123] The RFA generally
    defines \"small entity\" as having the same meaning as the terms
    \"small business,\" \"small organization,\" and \"small governmental
    jurisdiction.\"[^124] In addition, the term \"small business\" has
    the same meaning as the term \"small business concern\" under the
    Small Business Act.[^125] A small business concern is one which: (1)
    is independently owned and operated; (2) is not dominant in its
    field of operation; and (3) satisfies any additional criteria
    established by the Small Business Administration (\"SBA\").[^126]

59. In this *Report and Order*, we realign allocations in the frequency
    range 50.2-71 GHz. One of the results of this realignment is a net
    gain of 2.27 gigahertz of spectrum allocated on a primary basis to
    the fixed and mobile services.[^127] We also designate 2 gigahertz
    of spectrum at 57-59 GHz for Part 15 unlicensed devices.[^128] We
    believe that this net increase in fixed and mobile spectrum and the
    designation of a new unlicensed band will provide new opportunities
    for small entities. In addition, the realignment affects allocations
    for the Earth exploration-satellite (passive), space research
    (passive), radio astronomy, and inter-satellite services. There are
    no small entities affected by this action because only Federal
    agencies currently make use of these services. In addition, future
    inter-satellite service licensees are not expected to be small
    entities because of the cost inherent in satellite networks. Because
    the realignment adopted in this *Report and Order* provides more
    spectrum for *future* fixed and mobile service licensees and for
    manufacturers of *future* unlicensed devices and because the
    realignment does not impact any current non-Federal Government
    users, we hereby certify that the realignment will not have a
    significant economic impact on a substantial number of small
    entities.

60. The Commission will send a copy of this *Report and Order*,
    including a copy of this final certification, in a report to
    Congress pursuant to the Small Business Regulatory Enforcement
    Fairness Act of 1996.[^129] In addition, this *Report and Order* and
    this certification will be sent to the Chief Counsel for Advocacy of
    the Small Business Administration, and will be published in the
    Federal Register.[^130]

# ordering clauses

61. 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 REPORT AND ORDER is hereby ADOPTED.

62. IT IS FURTHER ORDERED that the amendments to Parts 2 and 15 of the
    Commission's Rules, 47 C.F.R. Part 2 and 15, as set forth in
    Appendix A, are effective 30 days after publication in the Federal
    Register, except that the primary non-Federal Government ISS
    allocation in the 65-71 GHz band is effective upon publication in
    the Federal Register.

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

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**Appendix A: Final Rules**

Parts 2 and 15 of title 47 of the Code of Federal Regulations are
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 79, 80, and 81.

b\. Revise footnote S5.547 and add footnote S5.557A.

c\. Revise footnotes US246 and US263 and add footnotes US353 and US354.

d\. Add footnote G128.

The additions and revisions read as follows:

**§ 2.106 Table of Frequency Allocations**.

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 50.2-65   |           |           |           |           | Page 79 |
| GHz (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 |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 50.2-50.4 |           |           | 50.2-50.4 |           |         |
|           |           |           |           |           |         |
| EARTH     |           |           | EARTH     |           |         |
| EXP       |           |           | EXP       |           |         |
| LORATION- |           |           | LORATION- |           |         |
| SATELLITE |           |           | SATELLITE |           |         |
| (passive) |           |           | (passive) |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           | SPACE     |           |         |
| RESEARCH  |           |           | RESEARCH  |           |         |
| (passive) |           |           | (passive) |           |         |
|           |           |           |           |           |         |
| S5.340    |           |           | US246     |           |         |
| S5.555A   |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 50.4-51.4 |           |           | 50.4-51.4 | 50.4-51.4 |         |
|           |           |           |           |           |         |
| FIXED     |           |           | FIXED     | FIXED     |         |
|           |           |           |           |           |         |
| FIXED-    |           |           | FIXED-    | FIXED-    |         |
| SATELLITE |           |           | SATELLITE | SATELLITE |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           | (Earth-   | (Earth-   |         |
|           |           |           | to-space) | to-space) |         |
| MOBILE    |           |           |           |           |         |
|           |           |           | MOBILE    | MOBILE    |         |
| Mobile-   |           |           |           |           |         |
| satellite |           |           | MOBILE-   | MOBILE-   |         |
| (Earth-   |           |           | SATELLITE | SATELLITE |         |
| to-space) |           |           |           |           |         |
|           |           |           | (Earth-   | (Earth-   |         |
|           |           |           | to-space) | to-space) |         |
|           |           |           |           |           |         |
|           |           |           | G117      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 51.4-52.6 |           |           | 51.4-52.6 |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           | FIXED     |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           | MOBILE    |           |         |
|           |           |           |           |           |         |
| S5.547    |           |           |           |           |         |
| S5.556    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5         |           |           | 5         |           |         |
| 2.6-54.25 |           |           | 2.6-54.25 |           |         |
|           |           |           |           |           |         |
| EARTH     |           |           | EARTH     |           |         |
| EXP       |           |           | EXP       |           |         |
| LORATION- |           |           | LORATION- |           |         |
| SATELLITE |           |           | SATELLITE |           |         |
| (passive) |           |           | (passive) |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           | SPACE     |           |         |
| RESEARCH  |           |           | RESEARCH  |           |         |
| (passive) |           |           | (passive) |           |         |
|           |           |           |           |           |         |
| S5.340    |           |           | US246     |           |         |
| S5.556    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 54        |           |           | 54        |           |         |
| .25-55.78 |           |           | .25-55.78 |           |         |
|           |           |           |           |           |         |
| EARTH     |           |           | EARTH     |           |         |
| EXP       |           |           | EXP       |           |         |
| LORATION- |           |           | LORATION- |           |         |
| SATELLITE |           |           | SATELLITE |           |         |
| (passive) |           |           | (passive) |           |         |
|           |           |           |           |           |         |
| INTER-    |           |           | INTER-    |           |         |
| SATELLITE |           |           | SATELLITE |           |         |
| S5.556A   |           |           | S5.556A   |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           | SPACE     |           |         |
| RESEARCH  |           |           | RESEARCH  |           |         |
| (passive) |           |           | (passive) |           |         |
|           |           |           |           |           |         |
| S5.556B   |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5         |           |           | 5         |           |         |
| 5.78-56.9 |           |           | 5.78-56.9 |           |         |
|           |           |           |           |           |         |
| EARTH     |           |           | EARTH     |           |         |
| EXP       |           |           | EXP       |           |         |
| LORATION- |           |           | LORATION- |           |         |
| SATELLITE |           |           | SATELLITE |           |         |
| (passive) |           |           | (passive) |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           | FIXED     |           |         |
| S5.557A   |           |           |           |           |         |
|           |           |           | INTER-    |           |         |
| INTER-    |           |           | SATELLITE |           |         |
| SATELLITE |           |           | S5.556A   |           |         |
| S5.556A   |           |           |           |           |         |
|           |           |           | MOBILE    |           |         |
| MOBILE    |           |           | S5.558    |           |         |
| S5.558    |           |           |           |           |         |
|           |           |           | SPACE     |           |         |
| SPACE     |           |           | RESEARCH  |           |         |
| RESEARCH  |           |           | (passive) |           |         |
| (passive) |           |           |           |           |         |
|           |           |           | US263     |           |         |
| S5.547    |           |           | US353     |           |         |
| S5.557    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 56.9-57   |           |           | 56.9-57   | 56.9-57   |         |
|           |           |           |           |           |         |
| EARTH     |           |           | EARTH     | EARTH     |         |
| EXP       |           |           | EXP       | EXP       |         |
| LORATION- |           |           | LORATION- | LORATION- |         |
| SATELLITE |           |           |           |           |         |
| (passive) |           |           | SATELLITE | SATELLITE |         |
|           |           |           | (passive) | (passive) |         |
| FIXED     |           |           |           |           |         |
|           |           |           | FIXED     | FIXED     |         |
| INTER-    |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| S5.558A   |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------------------------------+-----------+-----------+---------+
| MOBILE S5.558                     | INTER-    | MOBILE    |         |
|                                   | SATELLITE | S5.558    |         |
| SPACE RESEARCH (passive)          | G128      |           |         |
|                                   |           | SPACE     |         |
| S5.547 S5.557                     | MOBILE    | RESEARCH  |         |
|                                   | S5.558    |           |         |
|                                   |           | (passive) |         |
|                                   | SPACE     |           |         |
|                                   | RESEARCH  | US263     |         |
|                                   |           |           |         |
|                                   | (passive) |           |         |
|                                   |           |           |         |
|                                   | US263     |           |         |
+-----------------------------------+-----------+-----------+---------+
| 57-58.2                           | 57-58.2   |           | RF      |
|                                   |           |           | Devices |
| EARTH EXPLORATION-SATELLITE       | EARTH     |           | (15)    |
| (passive)                         | EXP       |           |         |
|                                   | LORATION- |           |         |
| FIXED                             | SATELLITE |           |         |
|                                   | (passive) |           |         |
| INTER-SATELLITE S5.556A           |           |           |         |
|                                   | FIXED     |           |         |
| MOBILE S5.558                     |           |           |         |
|                                   | INTER-    |           |         |
| SPACE RESEARCH (passive)          | SATELLITE |           |         |
|                                   | S5.556A   |           |         |
| S5.547 S5.557                     |           |           |         |
|                                   | MOBILE    |           |         |
|                                   | S5.558    |           |         |
|                                   |           |           |         |
|                                   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
|                                   | (passive) |           |         |
|                                   |           |           |         |
|                                   | US263     |           |         |
+-----------------------------------+-----------+-----------+---------+
| 58.2-59                           | 58.2-59   |           |         |
|                                   |           |           |         |
| EARTH EXPLORATION-SATELLITE       | EARTH     |           |         |
| (passive)                         | EXP       |           |         |
|                                   | LORATION- |           |         |
| FIXED                             | SATELLITE |           |         |
|                                   | (passive) |           |         |
| MOBILE                            |           |           |         |
|                                   | FIXED     |           |         |
| SPACE RESEARCH (passive)          |           |           |         |
|                                   | MOBILE    |           |         |
| S5.547 S5.556                     |           |           |         |
|                                   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
|                                   | (passive) |           |         |
|                                   |           |           |         |
|                                   | US353     |           |         |
|                                   | US354     |           |         |
+-----------------------------------+-----------+-----------+---------+
| 59-59.3                           | 59-59.3   | 59-59.3   |         |
|                                   |           |           |         |
| EARTH EXPLORATION-SATELLITE       | EARTH     | EARTH     |         |
| (passive)                         | EXP       | EXP       |         |
|                                   | LORATION- | LORATION- |         |
| FIXED                             |           |           |         |
|                                   | SATELLITE | SATELLITE |         |
| INTER-SATELLITE S5.556A           | (passive) | (passive) |         |
|                                   |           |           |         |
| MOBILE S5.558                     | FIXED     | FIXED     |         |
|                                   |           |           |         |
| RADIOLOCATION S5.559              | INTER-    | MOBILE    |         |
|                                   | SATELLITE | S5.558    |         |
| SPACE RESEARCH (passive)          | S5.556A   |           |         |
|                                   |           | RADI      |         |
|                                   | MOBILE    | OLOCATION |         |
|                                   | S5.558    | S5.559    |         |
|                                   |           |           |         |
|                                   | RADI      | SPACE     |         |
|                                   | OLOCATION | RESEARCH  |         |
|                                   | S5.559    |           |         |
|                                   |           | (passive) |         |
|                                   | SPACE     |           |         |
|                                   | RESEARCH  | US353     |         |
|                                   |           |           |         |
|                                   | (passive) |           |         |
|                                   |           |           |         |
|                                   | US353     |           |         |
+-----------------------------------+-----------+-----------+---------+
| 59.3-64                           | 59.3-64   | 59.3-64   | RF      |
|                                   |           |           | Devices |
| FIXED                             | FIXED     | FIXED     | (15)    |
|                                   |           |           |         |
| INTER-SATELLITE                   | INTER-    | MOBILE    | ISM     |
|                                   | SATELLITE | S5.558    | Eq      |
| MOBILE S5.558                     |           |           | uipment |
|                                   | MOBILE    | RADI      | (18)    |
| RADIOLOCATION S5.559              | S5.558    | OLOCATION |         |
|                                   |           | S5.559    |         |
| S5.138                            | RADI      |           |         |
|                                   | OLOCATION | S5.138    |         |
|                                   | S5.559    | US353     |         |
|                                   |           |           |         |
|                                   | S5.138    |           |         |
|                                   | US353     |           |         |
+-----------------------------------+-----------+-----------+---------+
| 64-65                             | 64-65     | 64-65     |         |
|                                   |           |           |         |
| FIXED                             | FIXED     | FIXED     |         |
|                                   |           |           |         |
| INTER-SATELLITE                   | INTER-    | MOBILE    |         |
|                                   | SATELLITE | except    |         |
| MOBILE except aeronautical mobile |           | aer       |         |
|                                   | MOBILE    | onautical |         |
| S5.547 S5.556                     | except    |           |         |
|                                   | aer       | mobile    |         |
|                                   | onautical |           |         |
|                                   |           |           |         |
|                                   | mobile    |           |         |
+-----------------------------------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 65-95 GHz |           |           |           |           | Page 81 |
| (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 |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 65-66     |           |           | 65-66     | 65-66     |         |
|           |           |           |           |           |         |
| EARTH     |           |           | EARTH     | EARTH     |         |
| EXP       |           |           | EXP       | EXP       |         |
| LORATION- |           |           | LORATION- | LORATION- |         |
| SATELLITE |           |           |           |           |         |
|           |           |           | SATELLITE | SATELLITE |         |
| FIXED     |           |           |           |           |         |
|           |           |           | FIXED     | FIXED     |         |
| INTER-    |           |           |           |           |         |
| SATELLITE |           |           | MOBILE    | INTER-    |         |
|           |           |           | except    | SATELLITE |         |
| MOBILE    |           |           | aer       |           |         |
| except    |           |           | onautical | MOBILE    |         |
| aer       |           |           |           | except    |         |
| onautical |           |           | mobile    | aer       |         |
| mobile    |           |           |           | onautical |         |
|           |           |           | SPACE     |           |         |
| SPACE     |           |           | RESEARCH  | mobile    |         |
| RESEARCH  |           |           |           |           |         |
|           |           |           |           | SPACE     |         |
| S5.547    |           |           |           | RESEARCH  |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 66-71     |           |           | 66-71     | 66-71     |         |
|           |           |           |           |           |         |
| INTER-    |           |           | MOBILE    | INTER-    |         |
| SATELLITE |           |           | S5.553    | SATELLITE |         |
|           |           |           | S5.558    |           |         |
| MOBILE    |           |           |           | MOBILE    |         |
| S5.553    |           |           | MOBILE-   | S5.553    |         |
| S5.558    |           |           | SATELLITE | S5.558    |         |
|           |           |           |           |           |         |
| MOBILE-   |           |           | RADION    | MOBILE-   |         |
| SATELLITE |           |           | AVIGATION | SATELLITE |         |
|           |           |           |           |           |         |
| RADION    |           |           | RADIONA   | RADION    |         |
| AVIGATION |           |           | VIGATION- | AVIGATION |         |
|           |           |           |           |           |         |
| RADIONA   |           |           | SATELLITE | RADIONA   |         |
| VIGATION- |           |           |           | VIGATION- |         |
| SATELLITE |           |           | S5.554    |           |         |
|           |           |           |           | SATELLITE |         |
| S5.554    |           |           |           |           |         |
|           |           |           |           | S5.554    |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 71-74     |           |           | 71-74     |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           | FIXED     |           |         |
|           |           |           |           |           |         |
| FIXED-    |           |           | FIXED-    |           |         |
| SATELLITE |           |           | SATELLITE |           |         |
| (Earth-   |           |           | (Earth-   |           |         |
| to-space) |           |           | to-space) |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           | MOBILE    |           |         |
|           |           |           |           |           |         |
| MOBILE-   |           |           | MOBILE-   |           |         |
| SATELLITE |           |           | SATELLITE |           |         |
| (Earth-   |           |           | (Earth-   |           |         |
| to-space) |           |           | to-space) |           |         |
|           |           |           |           |           |         |
| S5.149    |           |           | US270     |           |         |
| S5.556    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 74-75.5   |           |           | 74-75.5   |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           | FIXED     |           |         |
|           |           |           |           |           |         |
| FIXED-    |           |           | FIXED-    |           |         |
| SATELLITE |           |           | SATELLITE |           |         |
| (Earth-   |           |           | (Earth-   |           |         |
| to-space) |           |           | to-space) |           |         |
|           |           |           | US297     |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           | MOBILE    |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 75.5-76   |           |           | 75.5-76   | 75.5-76   | Amateur |
|           |           |           |           |           | (97)    |
| AMATEUR   |           |           |           | AMATEUR   |         |
|           |           |           |           |           |         |
| AMATEUR-  |           |           |           | AMATEUR-  |         |
| SATELLITE |           |           |           | SATELLITE |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 76-81     |           |           | 76-81     | 76-77     | RF      |
|           |           |           |           |           | Devices |
| RADI      |           |           | RADI      | RADI      | (15)    |
| OLOCATION |           |           | OLOCATION | OLOCATION |         |
|           |           |           |           |           |         |
| Amateur   |           |           |           | Amateur   |         |
|           |           |           |           |           |         |
| Amateur-  |           |           |           |           |         |
| satellite |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 77-77.5   | Amateur |
|           |           |           |           |           | (97)    |
|           |           |           |           | RADI      |         |
|           |           |           |           | OLOCATION |         |
|           |           |           |           |           |         |
|           |           |           |           | Amateur   |         |
|           |           |           |           |           |         |
|           |           |           |           | Amateur-  |         |
|           |           |           |           | satellite |         |
+-----------+-----------+-----------+-----------+-----------+---------+

> \* \* \* \* \*
>
> INTERNATIONAL FOOTNOTES
>
> \* \* \* \* \*
>
> [I. New \"S\" Numbering Scheme]{.underline}
>
> \* \* \* \* \*

S5.547 The bands 31.8-33.4 GHz, 37-40 GHz, 40.5-43.5 GHz, 51.4-52.6 GHz,
55.78-59 GHz and 64-66 GHz are available for high-density applications
in the fixed service (see Resolutions 75 (WRC-2000) and 79 (WRC-2000)).
Administrations should take this into account when considering
regulatory provisions in relation to these bands. Because of the
potential deployment of high-density applications in the fixed-satellite
service in the bands 39.5-40 GHz and 40.5-42 GHz, administrations should
further take into account potential constraints to high-density
applications in the fixed service, as appropriate (see Resolution 84
(WRC-2000)).

\* \* \* \* \*

S5.557A In the band 55.78-56.26 GHz, in order to protect stations in the
Earth exploration-satellite service (passive), the maximum power density
delivered by a transmitter to the antenna of a fixed service station is
limited to -26 dB(W/MHz).

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US246 No station shall be authorized to transmit in the following bands:

608-614 MHz, except for medical telemetry equipment[^131],

1400-1427 MHz,

1660.5-1668.4 MHz,

2690-2700 MHz,

4990-5000 MHz,

10.68-10.7 GHz,

15.35-15.4 GHz,

23.6-24 GHz,

31.3-31.8 GHz,

50.2-50.4 GHz,

52.6-54.25 GHz,

86-92 GHz,

100-102 GHz,

105-116 GHz,

164-168 GHz,

182-185 GHz,

217-231 GHz.

\* \* \* \* \*

US263 In the bands 21.2-21.4 GHz, 22.21-22.5 GHz, 36-37 GHz, 56.26-58.2
GHz, 116-126 GHz, 150-151 GHz, 174.5-176.5 GHz, 200-202 GHz, and 235-238
GHz, the space research and the Earth exploration-satellite services
shall not receive protection from the fixed and mobile services
operating in accordance with the Table of Frequency Allocations.

\* \* \* \* \*

US353 In the sub-bands 56.24-56.29 GHz, 58.422-58.472 GHz, 59.139-59.189
GHz, 59.566-59.616 GHz, 60.281-60.331 GHz, 60.41-60.46 GHz, and
62.461-62.511 GHz, space-based radio astronomy observations may be made
on an unprotected basis.

US354 In the sub-band 58.422-58.472 GHz, airborne stations and space
stations in the space-to-Earth direction shall not be authorized.

FEDERAL GOVERNMENT (G) FOOTNOTES

> \* \* \* \* \*
>
> G128 Use of the band 56.9-57 GHz by inter-satellite systems is limited
> to transmissions between satellites in geostationary orbit, to
> transmissions between satellites in geostationary satellite orbit and
> those in high-Earth orbit, to transmissions from satellites in
> geostationary satellite orbit to those in low-Earth orbit, and to
> transmissions from non-geostationary satellites in high-Earth orbit to
> those in low-Earth orbit. For links between satellites in the
> geostationary satellite orbit, the single entry power flux-density at
> all altitudes from 0 km to 1000 km above the Earth\'s surface, for all
> conditions and for all methods of modulation, shall not exceed -147 dB
> (W/m²/100 MHz) for all angles of arrival.

**PART 15 -- RADIO FREQUENCY DEVICES**

> 3\. The authority citation for Part 15 continues to read as follows:
>
> Authority: 47 U.S.C. 154, 302, 303, 304, 307 and 544A.
>
> 4\. Section 15.255 is amended by revising the section heading; by
> revising paragraphs (b), (b)(4), (c)(1), (d), and (e)(2); by revising
> the last sentence of paragraph (b)(2); by revising the note following
> paragraph (d); and by replacing paragraph (i).
>
> **§ 15.255 Operation within the band 57-64 GHz.**
>
> \* \* \* \* \*
>
> \(b\) Within the 57-64 GHz band, emission levels shall not exceed the
> following:
>
> \* \* \* \* \*
>
> \(2\) \* \* \* In addition, the average power density of any emission
> outside of the 61-61.5 GHz band, measured during the transmit
> interval, but still within the 57-64 GHz band, shall not exceed 9
> nW/cm^2^, as measured 3 meters from the radiating structure, and the
> peak power density of any emission shall not exceed 18 nW/cm^2^, as
> measured three meters from the radiating structure.
>
> \* \* \* \* \*
>
> \(4\) Peak power density shall be measured with an RF detector that
> has a detection bandwidth that encompasses the 57-64 GHz band and has
> a video bandwidth of at least 10 MHz, or using an equivalent
> measurement method.
>
> \* \* \* \* \*
>
> \(c\) \* \* \* \* \*
>
> \(1\) The power density of any emissions outside the 57-64 GHz band
> shall consist solely of spurious emissions.
>
> \* \* \* \* \*
>
> \(d\) Only spurious emissions and transmissions related to a
> publicly-accessible coordination channel, whose purpose is to
> coordinate operation between diverse transmitters with a view towards
> reducing the probability of interference throughout the 57-64 GHz
> band, are permitted in the 57-57.05 GHz band.
>
> NOTE: The 57-57.05 GHz is reserved exclusively for a
> publicly-accessible coordination channel. The development of standards
> for this channel shall be performed pursuant to authorizations issued
> under part 5 of this chapter.
>
> \(e\) \* \* \* \* \*
>
> \(2\) Peak transmitter output power shall be measured with an RF
> detector that has a detection bandwidth that encompasses the 57-64 GHz
> band and that has a video bandwidth of at least 10 MHz, or using an
> equivalent measurement method.
>
> \* \* \* \* \*
>
> \(i\) For all transmissions that emanate from inside of a building,
> within any one second interval of signal transmission, each
> transmitter with a peak output power equal to or greater than 0.1 mW
> or a peak power density equal to or greater than 3 nW/cm^2^, as
> measured 3 meters from the radiating structure, must transmit a
> transmitter identification at least once. Each application for
> equipment authorization for equipment that will be used inside of a
> building must declare that the equipment contains the required
> transmitter identification feature and must specify a method whereby
> interested parties can obtain sufficient information, at no cost, to
> enable them to fully detect and decode this transmitter identification
> information. Upon the completion of decoding, the transmitter
> identification data block must provide the following fields:
>
> \* \* \* \* \*
>
> **Appendix B: List of Commenters**

**Comments (due 21SEP99):**

The National Academies' Committee on Radio Frequencies (\"CORF\")

Fixed Wireless Communications Coalition (\"FWCC\")

Harmonix Corporation (\"Harmonix\")

Hewlett Packard Company (\"HP\")

International Microwave Power Institute (\"IMPI\")

KaStar Satellite Communications Corp., KaStarcom World Satellite, LLC
and \@Contact, LLC (\"KaStar\")

Lockheed Martin Corporation (\"Lockheed\")

Loral Space and Communications Ltd. and Globalstar, L.P.
(\"Loral/Globalstar\")

Nokia Telecommunications, Inc. (\"Nokia\")

**Reply Comments (due 06OCT99):**

FWCC

GE American Communications, Inc. (\"GE Americom\")

Harmonix

License Exempt Spectrum Subcommittee (\"LESS\")

National Telecommunications and Information Administration (\"NTIA\"),
late-filed on 08NOV99 (Fourth NTIA Letter)

Nokia

Satellite Industry Association (\"SIA\")

**Ex Parte:**

Nokia filed on 10FEB00

National Aeronautics and Space Administration (\"NASA\") (Remote Sensing
Spectrum Manager, NASA Spectrum Management Office) e-mail received on
02AUG00

Fifth NTIA Letter filed on 27SEP00.

[^1]: The fixed service is a radiocommunication service between
    specified fixed points. The mobile service is a radiocommunication
    service between mobile and land stations, or between mobile
    stations. 47 C.F.R. § 2.1(c). More specifically, 2 of the 2.27
    gigahertz is not allocated to the aeronautical mobile service,
    *i.e.*, the 64-66 GHz band is allocated to the mobile except
    aeronautical mobile service in order to protect inter-satellite
    links.

[^2]: 47 C.F.R. Part 15 - Radio Frequency Devices.

[^3]: ISS is a radiocommunication service providing links between
    satellites. 47 C.F.R. § 2.1(c).

[^4]: *See* joint Comments of Loral Space and Communications Ltd. and
    Globalstar, L.P. at 3.

[^5]: Passive sensor operations in the 54.25-59.3 GHz band are protected
    by generally limiting the use of the ISS allocations in this band to
    transmissions between satellites in geostationary orbit and by
    limiting the energy that can reach the passive sensor satellites,
    which operate much closer to the Earth\'s surface.

[^6]: *See* 47 C.F.R. § 2.106 - Table of Frequency Allocations for the
    complete listing of existing allocations and footnotes to the Table.

[^7]: The term \"millimeter wave\" is taken from the fact that the
    wavelength of radio signals for frequencies between 30 GHz and 300
    GHz ranges from 10 millimeters down to 1 millimeter. The propagation
    of millimeter wave radio signals is more limited than that of radio
    signals at lower frequencies.

[^8]: *See* 47 C.F.R. § 2.106 (1999).

[^9]: Federal agencies make use of the allocation to the Earth
    exploration-satellite service (passive) in the 50.2-50.4 GHz and
    51.4-59 GHz bands to perform satellite passive remote sensing. More
    specifically, this remote sensing measures atmospheric temperature
    profiles via oxygen absorption.

[^10]: *See* 47 C.F.R. Part 18. In this frequency range, the ISM
    frequency of interest is 61.25 GHz, with its specified tolerance of
    ± 250 MHz. *See* 47 C.F.R. § 18.301. \"ISM equipment operating on a
    frequency specified in § 18.301 is permitted unlimited radiated
    energy in the band specified for that frequency.\" *See* 47 C.F.R. §
    18.305(a).

[^11]: NTIA, *inter alia*, establishes policies concerning spectrum
    assignments and use by radio stations belonging to and operated by
    the United States Government, and develops, in cooperation with the
    Commission, a comprehensive long-range plan for improved management
    of all electromagnetic spectrum resources in the United States.
    *See* 47 U.S.C. § 902(b)(2)(K)-(L).

[^12]: *See* Letter to Chief, Office of Engineering and Technology
    (\"OET\"), from the Associate Administrator, Office of Spectrum
    Management, NTIA, dated May 4, 1995 (First NTIA Letter).

[^13]: *See Rulemaking to Amend Parts 1, 2, 21, and 25 of the
    Commission\'s Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
    to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules
    and Policies for Local Multipoint Distribution Service and for Fixed
    Satellite Services*, First Report and Order and Fourth Notice of
    Proposed Rulemaking, 11 FCC Rcd 19005 (1996); Order on
    Reconsideration, 12 FCC Rcd 6424 (1997); Second Report and Order,
    Order on Reconsideration, and Fifth Notice of Proposed Rulemaking,
    12 FCC Rcd 12545 (1997); Second Order on Reconsideration, 12 FCC Rcd
    15082 (1997); Third Report and Order, 12 FCC Rcd 22310 (1997) (*\"28
    GHz Third Report and Order\"*); Third Order on Reconsideration, 13
    FCC Rcd 4856 (1998); Fourth Report and Order, 13 FCC Rcd 11655
    (1998). The Ka-band includes the 17.7-20.2 GHz (downlink) and
    27.5-30 GHz (uplink) bands.

[^14]: In March 1997, the Commission authorized Teledesic L.L.C. to
    construct, launch, and operate an NGSO satellite system to provide
    domestic and international fixed-satellite services. *See* Ka-band
    authorization of Teledesic (File Nos. 22-DSS-P/LS-94,
    43-SAT-AMEND-95, 127-SAT-AMEND-95). This Authorization Order did not
    include operating authority for any inter-satellite links.

[^15]: In May 1997, the Commission granted licenses to 13 companies for
    73 satellites to provide broadband GSO FSS services in the Ka-band.
    *See* Authorizations of: Comm, Inc. (DA 97-968); GE American
    Communications, Inc. (DA 97-970); EchoStar Satellite Corporation (DA
    97-969); Hughes Communications Galaxy, Inc. (DA 97-971); KaStar
    Satellite Communications Corp. (DA 97-972); Lockheed Martin
    Corporation (DA 97-973); Loral Space & Communications Ltd. (DA
    97-974); Morning Star Satellite Company, L.L.C. (DA 97-975); NetSat
    28 Company, L.L.C. (DA 97-976); Orion Atlantic, L.P. (DA 97-979);
    Orion Network Systems, Inc. (DA 97-977); PanAmSat Licensee Corp. (DA
    97-978); and VisionStar, Inc. (DA 97-980) (International Bureau, May
    9, 1997). The Commission also assigned the thirteen GSO/FSS
    licensees orbital locations. *See Assignment of Orbital Locations to
    Space Station in the Ka-band*, *Order*, 12 FCC Rcd 13737 (1997).

[^16]: *See United States Proposals for the Work of the \[WRC-97\]
    Conference*, Document USWRC-97.10-E, dated July 24, 1997, Proposals
    for Agenda Item 1.9.4.3, entitled \"The Existing Frequency
    Allocations Near 60 GHz and, if Necessary, Their Respective
    Allocation, with a View to Protecting the Earth
    Exploration-Satellite (passive) Service Systems Operating in the
    Unique Oxygen Absorption Frequency Band from About 50 GHz to About
    70 GHz. (A Consequential Allocation to the Inter-Satellite Service
    in the 65-71 GHz Bands) (JPDP 12).\"

[^17]: *See International Telecommunication Union Final Acts of the
    World Radiocommunication Conference 1997*, Geneva, 1997 (\"*WRC-97
    Final Acts*\"). The ITU, headquartered in Geneva, Switzerland, is
    the United Nations' organization within which Member States
    coordinate global telecommunication networks and services. The
    sharing of frequencies at the international level by Member States
    is accomplished by means of the \[International\] Table of Frequency
    Allocations, assignment and allotment plans, and coordination
    procedures as prescribed in the *Radio Regulations*. The *Radio
    Regulations*, including the \[International\] Table of Frequency
    Allocations, can be amended only by a WRC, to which all Member
    States are invited. The *WRC-97 Final Acts* have been incorporated
    into the *Radio Regulations*. *See* *Radio Regulations*, Edition of
    1998.

    WRC-97 adopted the U.S. proposals with the following exceptions. The
    59-59.3 GHz band is additionally allocated to the Earth
    exploration-satellite and space research services on a primary
    basis; the proposed mobile service allocation in the 64-65 GHz band
    is instead a mobile except aeronautical mobile service allocation;
    the fixed and mobile service allocations in the 65-66 GHz band are
    primary allocations instead of secondary allocations; and footnotes
    S5.555A, S5.547, S5.556A (vice S5.562; WRC-97 also added the 59-59.3
    GHz band to the footnote), S5.556B (vice S5.557) are adopted.

[^18]: *See* Letter to Chief, OET, from the Acting Associate
    Administrator, Office of Spectrum Management, NTIA, dated May 18,
    1998 (Second NTIA Letter). In this letter, NTIA observed that WRC-97
    modified the International Table of Frequency Allocations in the
    frequency range 50.2-71 GHz consistent with U.S. proposals to the
    conference.

[^19]: We are adopting the WRC-97 realignment except for footnotes
    S5.556 and S5.547.

[^20]: *See* individual Letters from Thomas S. Tycz, Chief, Satellite
    and Radiocommunication Division, International Bureau, to David G.
    O'Neil, Counsel for Ka-Star Satellite Communications Corp., Raymond
    G. Bender, Counsel for Lockheed Martin, Mark A. Grannis, Counsel for
    Teledesic Corporation, Pantelis Michalopoulos, Counsel for Comm,
    Inc., David Moskowitz, Echostar Satellite Corporation, Philip
    Verveer, Counsel for CyberStar Licensee LLC, John P. Janka, Counsel
    for Hughes, Joseph A. Godles, Counsel for PanAmSat, Karis A.
    Hastings, Counsel for GE Americom, dated June 10, 1998.

[^21]: *See Amendment of Part 2 of the Commission\'s Rules to Allocate
    Additional Spectrum to the Inter-Satellite,* *Fixed, and Mobile
    Service and to Permit Unlicensed Devices to Use Certain Segments in
    the 50.2-50.4 GHz and 51.4-71.0 GHz Bands*, Notice of Proposed
    Rulemaking, 14 FCC Rcd 12473, App. B (1999) (\"*Notice*\"). *See
    also* First Round GSO Ka-Band Licensees\' Report to the FCC entitled
    \"*Sharing of Various Frequency Bands Allocated to the
    Inter-Satellite Service*,\" filed October 9, 1998.

[^22]: *Id.* These parties include four from the second Ka-band
    processing round, one from the 2 GHz band, and five from the 40 GHz
    processing round. The 2 GHz service links are at 1990-2025 MHz and
    2165-2200 MHz. The 40 GHz service links are in segments contained in
    the 36-51.4 GHz band.

[^23]: *See* Letter to Chief, OET, from the Acting Associate
    Administrator, Office of Spectrum Management, NTIA, dated April 30,
    1999 (Third NTIA Letter).

[^24]: *See Notice*, 14 FCC Rcd 12473.

[^25]: *Amendment of Part 2 of the Commission\'s Rules to Allocate
    Additional Spectrum to the Inter-Satellite,* *Fixed, and Mobile
    Service and to Permit Unlicensed Devices to Use Certain Segments in
    the 50.2-50.4 GHz and 51.4-71.0 GHz Bands*, Order Granting Motion to
    Extend Comment Dates (rel. 1999).

[^26]: For a list of parties filing comments and reply comments, please
    refer to Appendix B. NTIA\'s Reply Comment is late-filed. On our own
    motion, we accept NTIA\'s Reply Comment in order to have a complete
    record.

[^27]: *See Provisional Final Acts of the World Radiocommunication
    Conference (Istanbul, 2000) - (WRC-2000).*

[^28]: See para. 28, *infra.*

[^29]: *See* Letter to Chief, OET, from the Associate Administrator,
    Office of Spectrum Management, NTIA, dated September 27, 2000.

[^30]: *Notice*, 14 FCC Rcd at 12484, para. 12. Currently, the 65-66 GHz
    band is allocated to the fixed and mobile services on a secondary
    basis. We proposed to allocate the 64-66 GHz band to the mobile
    except aeronautical mobile service in order to protect in-band ISS
    operations. See para. 47, *supra.*

[^31]: Satellite-borne passive microwave sensors are used to obtain
    atmospheric temperature profiles important for weather forecasting
    and climate studies. These sensor measurements can only be obtained
    in the vicinity of unique molecular oxygen resonance frequencies
    located between 50 GHz and 70 GHz.

[^32]: *United States Proposals for the Work of the \[WRC-97\]
    Conference*, Document USWRC-97.10-E, at 123, dated July 24, 1997,
    Proposals for Agenda Item 1.9.4.3, entitled \"The Existing Frequency
    Allocations Near 60 GHz and, if Necessary, Their Respective
    Allocation, with a View to Protecting the Earth
    Exploration-Satellite (passive) Service Systems Operating in the
    Unique Oxygen Absorption Frequency Band from About 50 GHz to About
    70 GHz. (A Consequential Allocation to the Inter-Satellite Service
    in the 65-71 GHz Bands) (JPDP 12);\" *see* ITU-R Recommendation
    SA.1259, \"Feasibility of Sharing Between Spaceborne Passive Sensors
    and the Fixed Service from 50 to 60 GHz.\" We also note that the
    European Radiocommunications Committee (\"ERO\") within the European
    Conference of Postal and Telecommunications Administrations
    (\"CEPT\") has concluded that in frequencies above 55.78 GHz \"the
    Fixed Service can operate without any risk of causing interference
    to passive sensors.\" *See* ERC Report 45, entitled \"Sharing
    Between the Fixed and Earth Exploration-Satellite (Passive) Services
    in the Band 50.2-66 GHz,\" Sesimbra, January 1997.

[^33]: The 54.25-58.2 GHz band was previously allocated to the fixed and
    mobile service on a primary basis. The 65-66 GHz band was previously
    allocated to the fixed and mobile services on a secondary basis.
    *See* 47 C.F.R. § 2.106 (1999).

[^34]: *See* CORF Comments at 3.

[^35]: *See supra* note Error: Reference source not found; *see also
    Notice*, 14 FCC Rcd at 12485, para. 13.

[^36]: CORF represents the interests of the scientific users of the
    radio spectrum, including users of the radio astronomy and EESS
    bands.

[^37]: *See* CORF Comments at 1.

[^38]: FWCC Comments at 2.

[^39]: FWCC Comments at 2-3.

[^40]: By unconstrained, we mean that technical limitations on the fixed
    service will not be needed in order to protect passive sensors.
    *See* para. 17. In contrast, it now appears that the 55.78-56.26 GHz
    band will require technical limitations in order to protect sensors.
    *See* paras. 28-30.

[^41]: As a consequence of the realignment, we also modify footnote
    US246. *See* para.23.

[^42]: *See* e-mail from Remote Sensing Spectrum Manager, NASA Spectrum
    Management Office, dated August 2, 2000.

[^43]: *See supra* para. 15.

[^44]: CORF Comments at 3.

[^45]: Footnote S5.547 originally read as follows: \"The bands 31.8-33.4
    GHz, 51.4-52.6 GHz, 55.78-59 GHz and 64-66 GHz are available for
    high-density applications in the fixed service (see Resolution 726
    (WRC-97)).\" Consideration of the adoption of footnote S5.547 for
    the 31.8-33.4 GHz band is outside the scope of this proceeding.

[^46]: High density systems and usages in the fixed service are
    generally characterized by applications requiring the ability to:
    (1) operate on a point-to-point or point-to-multipoint basis, or a
    combination of both; (2) flexibly achieve, over short periods of
    time, a concentration of links on the same channel(s) within an
    area; (3) increase frequency reuse; and (4) decrease terminal size
    and cost of equipment. The term \"high density fixed service\" does
    not refer to a particular application or band in the fixed service,
    but does describe the phenomena of maximized deployment densities,
    spectrum reuse and spectral efficiencies realized by concentrated
    deployments. Often these deployment density, spectrum reuse and
    spectral efficiency factors become more pronounced in the higher
    bands. Use of the term \"high density\" can be applied in the same
    fashion to any radio service that may be widely utilized for
    commercial or other purposes. Some fixed service high density
    systems and usages are deployed in license areas where the operator
    enjoys an exclusive license which allows flexible deployment within
    a defined geographic area. Known current high density systems and
    usages in the fixed service include narrowband wireless access,
    fixed wireless access, and wideband applications ranging in bands up
    to 66 GHz. It is likely that HDFS applications will also become
    operational above 66 GHz. *See Proposed Expanded Element of the
    CPM-99 Report*, Addendum 1 to ITU-R Document 9B/66-E, Document
    7D-9D/32-E, dated October 5, 1998.

[^47]: *See Notice*, 14 FCC Rcd at 12486, para. 14.

[^48]: *Notice* at footnote 51.

[^49]: FWCC Comments at 2-3. FWCC also recommends that we also designate
    the 31.8-33.4 GHz band for HDFS applications. Revision of the
    31.8-33.4 GHz band is not under consideration in this proceeding.

[^50]: IMT-2000 stands for International Mobile Telecommunications 2000
    and it is sometimes referred to as 3G, for third generation mobile
    systems.

[^51]: Nokia Comments at 2; HP Comments at 8-9

[^52]: *See* Letter to Chief, OET, from the Acting Associate
    Administrator, Office of Spectrum Management, NTIA, dated November
    8, 1999 (Fourth NTIA Letter).

[^53]: Footnote S5.547 now reads as follows: \"The bands 31.8-33.4 GHz,
    37-40 GHz, 40.5-43.5 GHz, 51.4-52.6 GHz, 55.78-59 GHz and 64-66 GHz
    are available for high-density applications in the fixed service
    (see Resolutions 75 (WRC-2000) and 79 (WRC-2000)). Administrations
    should take this into account when considering regulatory provisions
    in relation to these bands. Because of the potential deployment of
    high-density applications in the fixed-satellite service in the
    bands 39.5-40 GHz and 40.5-42 GHz, administrations should further
    take into account potential constraints to high-density applications
    in the fixed service, as appropriate (see Resolution 84
    (WRC-2000)).\"

[^54]: *See, e.g., Principles for Reallocation of Spectrum to Encourage
    the Development of Telecommunications Technologies for the New
    Millennium, Policy Statement*, 14 FCC Rcd 19868 (1999).

[^55]: *See* United States of America PROPOSALS FOR THE WORK OF THE
    \[WRC-2000\] CONFERENCE, Document 12-E, dated 12 January 2000,
    Proposals for agenda item 1.4. The proposed footnote in Document
    12-E was modified at WRC-2000 to read as quoted above.

[^56]: *See Amendment of Parts 2, 15, and 97 of the Commission\'s Rules
    to Permit Use of Radio Frequencies Above 40 GHz for New Radio
    Applications*, First Report and Second Notice of Proposed Rule
    Making, 11 FCC Rcd 4481, 4494-97, paras. 28-36 (1996)(making the
    59-64 GHz band available for unlicensed use under the existing fixed
    and mobile service allocations and stating that it would not adopt
    service rules for licensed services in the 59-64 GHz band at that
    time) (\"*Part 15 Above 40 GHz Order*\"); *see also* 47 C.F.R. §
    15.255.

[^57]: *Part 15 Above 40 GHz Order*, 11 FCC Rcd at 4496, para. 33. The
    propagation characteristics of millimeter wave radio signals are
    more limited than that of radio signals at lower frequencies.
    Signals in the millimeter wave bands are significantly affected by
    the presence of oxygen and water vapor within the atmosphere.
    Absorption and scattering caused by oxygen and water vapor limit the
    range of millimeter wave transmissions to a few kilometers almost
    regardless of the power used. The amount of signal attenuation due
    to absorption and scattering varies with frequency and other
    factors. Attenuation caused by oxygen is significant throughout the
    millimeter wave spectrum, but increases dramatically at frequencies
    around 60 GHz and 120 GHz. *Id.* at 4484, para. 5, n.6; *Amendment
    of Parts 2, 15, and 97 of the Commission\'s Rules to Permit Use of
    Radio Frequencies Above 40 GHz for New Radio Applications*, Notice
    of Proposed Rule Making, 9 FCC Rcd 7078, 7081, para. 8 (1994) (*Part
    15 Above 40 GHz Notice*).

[^58]: *Notice*, 14 FCC Rcd at 12487, para. 17.

[^59]: *Id.* at 12488, para. 17.

[^60]: *Id.*

[^61]: *Id.*

[^62]: Harmonix Comments at 1; HP Comments at 2-5; IMPI Comments at 2;
    LESS Reply Comments at 1; Nokia Comments at 2.

[^63]: HP Comments at 4; Nokia Comments at 2; Harmonix Comments at 2-5.

[^64]: *See* 47 C.F.R. § 18.301.

[^65]: HP Comments at 4; IMPI Comments at 1-2; Nokia Reply Comments at
    7.

[^66]: *See e.g.*, HP Comments at 6-7; Nokia Comments at 6.

[^67]: Nokia Comments at 5.

[^68]: Harmonix Comments at 3.

[^69]: HP Comments at 7.

[^70]: KaStar Comments at 1.

[^71]: LESS Reply Comments at 1.

[^72]: FWCC Comments at 2.

[^73]: FWCC Comments at 3. FWCC argues in favor of allocating the
    55.78-59 GHz and 64-66 GHz bands for fixed licensed services only.
    FWCC also opposes allocating these bands for mobile services because
    they claim that sharing between fixed and mobile services is
    \"practically impossible.\" FWCC Comments at 2-3.

[^74]: *Part 15 Above 40 GHz Notice*, 9 FCC Rcd at 7081-82, para. 8.

[^75]: *Notice*, 14 FCC Rcd at 12488, para. 18.

[^76]: *Id.*

[^77]: *See e.g.*, HP Comments at 5-7; Harmonix Comments at 3-4; Nokia
    Comments at 8-9; Nokia Reply Comments at 5-7.

[^78]: HP Comments at 6-7; Nokia Comments at 8-9; Nokia Reply Comments
    at 6-9. HP notes that the spectrum etiquette for the 59-64 GHz band
    is the result of a year long, industry intensive effort that was
    subject to public comment. HP Comments at 6.

[^79]: 47 C.F.R. §15.255(d).

[^80]: *See* 47 C.F.R. § 15.255(i).

[^81]: Harmonix Comments at 4.

[^82]: Harmonix Comments at 4-5. More specifically Harmonix states: \"At
    a distance where the beam is wide enough that it might present any
    realistic threat to other equipment, the power has dissipated to
    insignificant levels. Even without taking oxygen absorption or rain
    fade into account, a 60 GHz transmitter operating at the maximum
    allowable EIRP produces an energy density one kilometer away of only
    80 pW/cm^2^. In addition, an outdoor signal must pass through window
    glass or walls before it can interfere with an indoor system such as
    a wireless LAN. Typical office building window glass attenuates
    another 25-30 dB at these frequencies. Attenuation through walls is
    even higher.\" *Id.*

[^83]: Harmonix Comments at 5.

[^84]: Harmonix Comments at 5 (citing 47 C.F.R. § 15.255(i)).

[^85]: Harmonix Comments at 5.

[^86]: Harmonix Comments at 5.

[^87]: According to Harmonix, the transmitter identification requirement
    \"appears to have been drafted primarily to suit indoor wireless LAN
    systems using wide-angle antennas.\" Harmonix Comments at 4.

[^88]: *Notice*, 14 FCC Rcd at 12481, para. 9; *see id*. at Appendix B;
    *supra*. note Error: Reference source not found for Ka-band
    satellite applications.

[^89]: *Id*. at 12481, para. 9.

[^90]: WRC-97 re-numbered footnote 909 as S5.558, added the 66-71 GHz
    band to the footnote, and reduced the 54.25-58.20 GHz band to
    58.78-58.20 GHz. Footnote S5.558 reads as follows: \"In the bands
    55.78-58.2 GHz, 59-64 GHz, 66-71 GHz, 116-134 GHz, 170-182 GHz and
    185-190 GHz, stations in the aeronautical mobile service may be
    operated subject to not causing harmful interference to the
    inter-satellite service (see No. S5.43).\"

[^91]: Lockheed Comments at 2; KaStar Comments at 1; Loral Comments at
    3; GE American Reply Comments at 2; SIA Reply Comments at 1-2.

[^92]: Lockheed Martin Comments at 3; SIA Reply Comments at 4.

[^93]: Lockheed Martin Comments at 2-3; GE Americom Reply Comments at
    2-3; SIA Reply Comments at 3.

[^94]: KaStar Comments at 3. KaStar also states that the additional
    spectrum from 54.25-56.9 GHz and 57-58.2 GHz provides ISS spectrum
    for future commercial GSO FSS systems.

[^95]: These studies were carried out by ITU-R Working Party 4A in
    response to Resolution 643. These studies also conclude that a new
    ISS allocation in the 64-71 GHz band, combined with limiting ISS use
    of the 54.25-56.90 and 57-58.2 GHz bands to GSO satellites would
    fully satisfy the known requirements of the inter-satellite links in
    this frequency range. *See e.g.*, ITU-R Recommendation S.1339 on the
    \"Feasibility of Sharing Between Spaceborne Sensors of the Earth
    Exploration-Satellite Service and Inter-Satellite Links of
    Geostationary-Satellite Networks in the Range 50 to 65 GHz;\" ITU-R
    Recommendation S.1327, \"Requirements and Suitable Bands for
    Operation of the Inter-Satellite Service within the Range 50.2-71
    GHz\" (Sept. 18, 1997).

[^96]: *See Notice*, 14 FCC Rcd at 12481 n.31, App. B.

[^97]: Loral/Globalstar Comments at 3; Lockheed Comments at 2; GE
    Americom Reply Comments at 1.

[^98]: Lockheed Comments at 2; *see* SIA Reply Comments at 2.

[^99]: *See infra* para. 13.

[^100]: *See* 47 C.F.R. § 2.106, footnote S5.553.

[^101]: *See* paras. 52-55 concerning the deletion of the radio
    astronomy service from 750 megahertz of spectrum in the 58.2-59 GHz
    band.

[^102]: Footnote S5.556A reads: \"Use of the bands 54.25-56.9 GHz,
    57-58.2 GHz and 59-59.3 GHz by the inter-satellite service is
    limited to satellites in geostationary-satellite orbit. The
    single-entry power flux-density at all altitudes from 0 km to 1000
    km above the Earth\'s surface produced by a station in the
    inter-satellite service, for all conditions and for all methods of
    modulation, shall not exceed -147 dB (W/m^2^/100 MHz) for all angles
    of arrival.\" *See Amendment of Part 2 of the Commission's Rules to
    Make Non-Substantive Revisions to the Table of Frequency
    Allocations*, Memorandum Opinion and Order, 15 FCC Rcd 3459, App. B
    (1999) (\"*Table Clean-up Order*\"). We observe that the United
    States\' WRC-97 proposals for footnote S5.556A did not include the
    59-59.3 GHz band. However, NTIA has requested that the Commission
    adopt this requirement in the 59-59.3 GHz Government-only ISS band.
    *See* 1998 NTIA Letter.

[^103]: S*ee* ITU-R Draft New Recommendation SA\[7/153\] - \"Spectrum
    Sharing between Spaceborne Passive Sensors and Inter-Satellite Links
    in the Range 50.2-61.3 GHz.\" This draft Recommendation has been
    superseded by ITU-R Recommendation SA.1279, \"Spectrum Sharing
    between Spaceborne Passive Sensors and Inter-Satellite Links in the
    Range 50.2-59.3 GHz.\"

[^104]: CORF Comments at 3; Lockheed Comments at 4; GE Americom Reply
    Comments at 2-3.

[^105]: CORF Comments at 3.

[^106]: Specifically, WRC-97 adopted footnote S5.558A, which reads as
    follows: \"Use of the band 56.9-57 GHz by inter-satellite systems is
    limited to links between satellites in geostationary-satellite orbit
    and to transmissions from non-geostationary satellites in high-Earth
    orbit to those in low-Earth orbit. For links between satellites in
    the geostationary-satellite orbit, the single entry power
    flux-density at all altitudes from 0 km to 1 000 km above the
    Earth\'s surface, for all conditions and for all methods of
    modulation, shall not exceed -147 dB(W/m²/100 MHz) for all angles of
    arrival.\"

[^107]: *See* 1998 NTIA Letter at note 20, *supra.* *See also Notice*,
    14 FCC Rcd 12481 at para. 11.

[^108]: *Notice*, 14 FCC Rcd at 12483, para. 11.

[^109]: *Notice*, 14 FCC Rcd at 12491-92, para. 21. Footnote S5.556
    reads as follows: \"In the bands 51.4-54.25 GHz, 58.2-59 GHz, 64-65
    GHz, 72.77-72.91 GHz and 93.07-93.27 GHz, radio astronomy
    observations may be carried out under national arrangements.\" *See*
    *Table Clean-up Order*, 15 FCC Rcd 3459, App. B. National
    arrangements are agreements between the FCC and NTIA. In some cases,
    Canada and Mexico may not concur with such agreements and the U.S.
    would then have to negotiate individual agreements with affected
    countries or seek a country specific footnote from the ITU.

[^110]: *Notice*, 14 FCC Rcd at 12491-92, para. 21.

[^111]: In this order we allocate the 51.4-52.6 GHz, 58.2-59 GHz, and
    64-66 GHz bands to the fixed and mobile services on a primary basis.
    *See* *supra.* para. 20. We also revise footnote US246. *See supra.*
    para. 22.

[^112]: *Notice, 14 FCC Rcd at 12491-92, para. 21; see* ITU-R Document
    7D-9D/30-E, dated August 11, 1998.

[^113]: *Notice*, 14 FCC Rcd at 12492, para. 21 n.68 and accompanying
    text.

[^114]: CORF Comments at 3.

[^115]: CORF Comments at 4.

[^116]: CORF Comments at 3.

[^117]: CORF Comments at 3; *see supra* paras. 42-45.

[^118]: CORF Comments at 3.

[^119]: *Notice* at 12492, para. 22.

[^120]: The Commission had previously added a reference to footnote 910
    (re-numbered as S5.559) in the 59-64 GHz band. *See Amendment of
    Parts 2, 15, and 97 of the Commission\'s Rules to Permit Use of
    Radio Frequencies Above 40 GHz for New Radio Applications*, First
    Report and Order and Second Notice of Proposed Rule Making, 11 FCC
    Rcd 4481 (1996). The text of footnote 910 reads as follows: \"In the
    bands 59-64 GHz and 126-134 GHz, airborne radars in the
    radiolocation service may be operated subject to not causing harmful
    interference to the inter-satellite service (see No. 435).\" When
    footnote 910 was re-numbered as S5.559, the cross reference in the
    text was updated to \"(see No. S5.43).\"

[^121]: *Notice*, 14 FCC Rcd 12473.

[^122]: The RFA, *see* 5 U.S.C. § 601 *et. seq*., has been amended by
    the Contract With America Advancement Act of 1996, Pub. L. No.
    104-121, 110 Stat. 847 (1996) (\"CWAAA\"). Title II of the CWAAA is
    the Small Business Regulatory Enforcement Fairness Act of 1996
    (\"SBREFA\").

[^123]: 5 U.S.C. § 605(b).

[^124]: 5 U.S.C. § 601(6).

[^125]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    \"small business concern\" in Small Business Act, 15 U.S.C. § 632).
    Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small
    business applies \"unless an agency, after consultation with the
    Office of Advocacy of the Small Business Administration and after
    opportunity for public comment, establishes one or more definitions
    of such term which are appropriate to the activities of the agency
    and publishes such definition(s) in the Federal Register.\"

[^126]: Small Business Act, 15 U.S.C. § 632.

[^127]: *See* paras. 13-19, *supra.*

[^128]: *See* paras. 31-41, *supra.*

[^129]: *See* 5 U.S.C. § 801(a)(1)(A).

[^130]: *See* 5 U.S.C. § 605(b).

[^131]: ^1^ Medical telemetry equipment shall not cause harmful
    interference to radio astronomy operations in the band 608-614 MHz
    and shall be coordinated under the requirements found in 47 C.F.R. §
    95.1119.