**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | ET Docket No. 00-258         |
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| Amendment of Part 2 of the       | ** |                              |
| Commission's Rules to Allocate   |    |                              |
| Spectrum Below 3 GHz for Mobile  | *  |                              |
| and Fixed Services to Support    | *) |                              |
| the Introduction of New Advanced | ** |                              |
| Wireless Services, including     |    |                              |
| Third Generation Wireless        | *  |                              |
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+----------------------------------+----+------------------------------+

**SECOND REPORT AND ORDER**

**Adopted: November 7, 2002 Released: November 15, 2002**

By the Commission: Chairman Powell and Commissioners Copps and Martin
issuing separate statements.

**TABLE OF CONTENTS**

[Heading]{.underline} [Paragraph \#]{.underline}

I.
INTRODUCTION....................................................................................\...1

II\.
BACKGROUND........................................................................................2

III\.
DISCUSSION............................................................................................9

A. Need for Additional Spectrum for AWS
................................................\...9

B. Spectrum for
AWS............................................................................22

1\. 1710-1755
MHz.....................................................................22

2\. 2110-2150/2150-2155
MHz........................................................27

3\. Other
Bands........................................................................\...48

IV\. CONCLUSION
.......................................................................................\...51

V. PROCEDURAL
MATTERS........................................................................\...53

VI\. ORDERING
CLAUSES................................................................................55

APPENDIX A: FINAL RULES

Appendix B: List of Commenting Parties

appendix C: final regulatory flexibility analysis

AppendiX D: AnalYsis OF INTERFERNCE IMPACT OF GOLDSTONE, CA DEEP SPACE
NETWORK FACILITY

# INTRODUCTION

1.  In this Second Report and Order (Second R&O), we take significant
    steps in our continuing effort to identify and allocate spectrum to
    support new advanced wireless services (AWS), the collective term we
    use for new and advanced wireless applications, such as voice, data
    and broadband services provided over a variety of high-speed fixed
    and mobile networks, and which are popularly referred to as "third
    generation" (3G) systems.[^1] The substantial amount of spectrum we
    allocate today will promote the development and deployment of these
    advanced systems, which are anticipated to provide widespread
    consumer benefits, both within the United States and throughout the
    world. Specifically, we allocate 90 MHz of spectrum in the 1710-1755
    MHz and 2110-2155 MHz bands that can be used for AWS. This spectrum
    comes from bands that the Commission previously identified as
    candidate bands for the provision of AWS, and includes spectrum used
    by Federal Government entities that is slated for transfer to
    non-Federal Government use, spectrum currently used by fixed
    microwave services and designated for emerging technologies, and
    spectrum currently used by the Multipoint Distribution Service
    (MDS).[^2]

# Background

2.  We initiated this proceeding in January 2001 with the issuance of a
    *Notice of Proposed Rulemaking*[^3] that examined spectrum in both
    government and non-government use bands that could support AWS. In
    the *Notice*, we observed that the International Telecommunication
    Union (ITU) has identified a number of frequency bands that could be
    used to implement advanced wireless systems internationally, and
    established a set of standards -- International Mobile
    Telecommunciations-2000 (IMT-2000) -- for these systems.[^4] In an
    August 2001 *Memorandum Opinion and Order* *and* *Further Notice of
    Proposed Rule Making,*[^5] we expanded the frequency bands under
    consideration to include additional spectrum currently allocated to
    various radio services.

3.  Collectively, in the *Notice* and the *Further Notice*, we sought
    comment on the suitability of AWS use of the 1710-1755 MHz band
    (slated for transfer from Federal Government to non-Federal
    Government use and identified by the ITU for worldwide IMT-2000
    use); the 1755-1850 MHz band (a Federal Government-use band
    identified by the ITU for worldwide IMT-2000 use); the 2110-2150 MHz
    and 2160-2165 MHz bands (used for point-to-point fixed microwave
    services and identified in the Commission's *Emerging Technologies*
    proceeding as suitable for advanced services); the 2500-2690 MHz
    band (used by Instructional Television Fixed Services (ITFS) and MDS
    and identified by the ITU for worldwide IMT-2000 use); the 2150-2160
    MHz band (used by MDS); the 1990-2025 and 2165-2200 MHz bands
    (allocated and licensed for the Mobile-Satellite Service (MSS)); and
    the 1910-1930 MHz and 2390-2400 MHz bands (designated for unlicensed
    Personal Communications Services (UPCS) use). In the *Notice*, we
    also explored the possibility of introducing AWS in the 806-960 MHz
    and 1850-1910/1930-1990 MHz bands that are currently used for
    cellular, Broadband PCS, and Specialized Mobile Radio (SMR)
    services, as well as bands that were reallocated as part of the
    transition to digital television.[^6]

4.  We also sought comment on the effect of the allocation proposals on
    existing and prospective users of the bands and on global
    compatibility. We noted that ITU adopted a set of standards for
    IMT-2000 to define key characteristics of advanced radio systems and
    projected the amount of spectrum required to meet anticipated
    IMT-2000 demands in those areas where the traffic is projected to be
    highest by 2010.[^7]

5.  Because some of the potential spectrum that can be used by AWS falls
    under the spectrum management responsibilities of both the Executive
    Branch and the Commission, this proceeding could not have moved
    forward without the cooperative efforts of stakeholders within the
    Federal Government. Prior to the *Notice*, the President had
    executed an Executive Memorandum that directed the Secretary of
    Commerce to work with the Commission to develop a plan to select
    spectrum for AWS and to issue a report on the current spectrum uses
    and potential for reallocation or sharing of the Federal Government
    bands identified by the ITU as suitable for 3G systems.[^8]
    Following development of a plan to identify spectrum for AWS,[^9]
    NTIA completed a study of the 1755-1850 MHz band -- which is used by
    many Federal agencies including the Department of Defense (DOD) --
    in March, 2001.[^10] Commission staff completed a study of the
    2500-2690 MHz band in March 2001.[^11] Both reports identified
    obstacles to viable AWS use of these bands. More recently, an
    intra-government working group identified the 1710-1770 MHz and
    parts of the 2110-2170 MHz bands as holding the greatest potential
    for possible AWS use without significantly conflicting with Federal
    Government operations. A July 2002 study of these bands released by
    NTIA concluded that 90 megahertz of spectrum consisting of the
    1710-1755 MHz band and a matching 45 megahertz from the 2110-2170
    MHz band can be reallocated without disrupting critical national
    security communications systems if certain specific actions are
    accomplished.[^12] Moreover, the report also concluded that there is
    adequate spectrum available to relocate users from the 2110-2170 MHz
    band, and thus the band could be made available for AWS.[^13] This
    report did not anticipate reallocation of the 1755-1770 MHz band due
    to difficulties in sharing with or relocating incumbent defense
    systems in this band.[^14] We incorporated the *2002 Viability
    Assessment* into this proceeding and invited comment on its
    findings.[^15]

6.  The Commission addressed use of the 2500-2690 MHz band in the
    September 2001 *First Report and Order* *and* *Memorandum Opinion
    and Order* in this proceeding.[^16] In the *First R&O*, the
    Commission found that ITFS and MDS licensees operating in that band
    provided important services and would be difficult to relocate, and
    therefore decided not to relocate these incumbent licensees.[^17]
    The Commission also added a mobile allocation to the 2500-2690 MHz
    band to provide additional near-term and long-term flexibility for
    use of this spectrum.[^18] In light of our decision in this Second
    R&O to reallocate 5 megahertz of spectrum in the 2150-2155 MHz band,
    we will conduct further analysis of MDS operations, including
    relocation options for MDS licensees that currently operate in the
    2150-2160 MHz band.

7.  We reserve for further analysis the possible AWS use of the
    1910-1930 MHz band (designated for UPCS use), the 2160-2165 MHz band
    (designated under the *Emerging Technologies* proceeding); and
    portions of the 1990-2025 and 2165-2200 MHz bands (allocated for
    MSS). We note that several parties to this docket have suggested
    alternate uses of some of these bands, some bands are subject to
    consideration in separate ongoing Commission proceedings, and some
    bands have been proposed for alternate uses in petitions filed
    before the Commission.[^19]

8.  Finally, we note that certain bands identified in this proceeding
    are subject to additional legislative requirements. The 1710-1755
    MHz band was identified by NTIA for transfer from Federal Government
    use to mixed Federal Government/non-Federal Government use in
    conjunction with Omnibus Budget Reconciliation Act of 1993
    (OBRA-93).[^20] Primary allocations were maintained for federal
    operations at a number of protected facilities and sites. In the
    Balanced Budget Act of 1997 (BBA-97),[^21] the Congress authorized
    Federal Government entities to accept compensation for the costs
    associated with relocating their operations.[^22] Furthermore, the
    Strom Thurmond National Defense Authorization Act of Fiscal Year
    1999 (NDAA-99)[^23] requires that "\[a\]ny person on whose behalf a
    Federal entity incurs costs...shall compensate the Federal entity in
    advance for such costs."[^24] NTIA recently adopted specific
    relocation and reimbursement rules, which will affect new licensees
    in the 1710-1755 MHz band.[^25] Under these rules, a Federal user
    retains its primary status until relocation is complete and the NTIA
    limits or terminates the Federal user's operating license.[^26] We
    also note that the Administration has proposed legislation to
    facilitate the reimbursement process by creating a relocation fund
    using auctions proceeds.[^27]

# Discussion

## Need for Additional Spectrum for AWS 

9.  Commenters expect the services that make up AWS will employ
    bandwidth-intensive functions, including high-speed data transfer
    and internet access,[^28] and will offer multimedia applications,
    such as full-motion video.[^29] For example, Siemens describes a
    seamless integration of voice and data elements, such as a message
    that contains pictures, short video clips, and/or short audio
    pieces, and that may change communications types (*e.g*. from voice
    to data) one or more times over the course of a communication
    session.[^30] Commenters are also skeptical that existing spectrum
    currently deployed for commercial mobile wireless applications will
    be sufficient to support widescale AWS deployment, because they
    expect AWS use will develop in addition to current voice traffic,
    which is already at saturation in the highest-use areas;[^31]
    because they expect AWS demand to grow dramatically once
    applications are made available to the public;[^32] or because they
    envision the creation of new non-voice applications that will
    develop independently of existing voice and voice-and-data models
    and that will use entirely new technologies.[^33] We note that view
    is not unanimous, as Sprint Corporation (Sprint) claims it can
    provide AWS using existing spectrum.[^34] We also distinguish the
    claim that existing spectrum may be used to launch AWS but
    additional spectrum will ultimately be required to support AWS,[^35]
    from those comments that claim we must allocate an additional 160
    MHz or more spectrum that can be used for AWS.[^36] Although the ITU
    previously predicted 160 MHz of spectrum will be necessary by 2010
    to meet demand in those areas where the traffic is highest,[^37]
    several commenters note that there is evidence that worldwide AWS
    growth has been slower than expected. [^38] Moreover, the
    Educational Community of the United States notes that no commenter
    has provided original research or studies to show that this
    additional spectrum is needed. [^39]

10. As discussed *infra*, we conclude that additional spectrum is
    necessary for AWS. We immediately allocate 90 megahertz of spectrum
    that can be used for these services. We also note that additional
    spectrum will likely be available in the future. For example, we
    previously reallocated spectrum as part of the migration to digital
    television. Spectrum in these bands will be available for new uses
    -- including AWS -- once incumbent television operations cease.[^40]
    In the *First R&O*, we added a mobile allocation to the 2500-2690
    MHz band to provide additional near-term and long-term flexibility,
    thereby making the band potentially available for advanced mobile
    and fixed wireless services.[^41] In addition, we are still
    considering other bands in this docket, and we may decide to make
    additional spectrum available for AWS.

11. Commenters identify numerous benefits associated with the deployment
    of AWS. The Information Technology Industry Council claims that AWS
    can provide a broadband alternative, promote competition, foster
    innovation, and reach new service areas.[^42] Telephone and Data
    Systems asserts that no other prospective service for which we could
    make an allocation promises the economic benefits of AWS,[^43] and
    TIA claims that the development of AWS is vital to the United
    States' ability to remain globally competitive.[^44]

12. Although the record reflects an expectation that bandwidth-intensive
    wireless applications will proliferate, we have found that a shift
    towards the development of wireless data applications is already
    occurring domestically,[^45] and note that mobile telephone carriers
    in other countries are deploying next-generation mobile services
    that support data applications.[^46] Accordingly, we agree with the
    commenters and conclude that AWS development in the U.S. is likely
    to build on the overall growth of wireless data services.[^47] We
    also agree that the development of AWS will promote economic and
    public policy benefits.[^48] For example, the provision of
    additional spectrum can foster the development of new and innovative
    service offerings that, in turn, have the potential to increase
    consumer demand. This process aids the development of competitive
    markets and provides the types of economic benefits that can promote
    economic recovery of telecommunications markets.[^49] Finally,
    because of intensive use of existing commercial wireless spectrum,
    predictions that wireless data use will grow in addition to existing
    voice use, and the bandwidth-intensive nature of certain data
    applications, we conclude that current spectrum allocations may, in
    most cases, support only the introduction and limited growth of AWS.
    Moreover, additional spectrum will be necessary for new entrants who
    have no pre-existing spectrum licenses that can be used to support
    AWS. Accordingly, we conclude that additional spectrum allocations
    are necessary to support the development of AWS.

13. We distinguish our approach in the identification and allocation of
    spectrum that is suitable for the provision of AWS from the approach
    taken by other countries -- particularly many of those in Europe,
    where the rollout of advanced services has been slower and more
    difficult than anticipated. Carriers entering the European market
    had no choice but to compete for the only spectrum in which advanced
    services could be offered which, as a result, led to extremely high
    bids that in retrospect have impeded the availably of capital to
    actually construct the systems. Under our flexible use policies,
    current operators can make decisions that allow them to continuously
    improve the efficiency of their own systems and make choices as to
    the value of additional spectrum to enhance these services.[^50]

14. There are a variety of factors that can help us determine whether
    any particular band under study in this proceeding is suitable for
    the provision of AWS. These factors include harmonization of the AWS
    frequencies with other countries' allocations, as well as the amount
    of contiguous spectrum available that can be used to accommodate
    advanced technologies, and the effect of band reallocation on
    incumbent operations.

15. In the *Notice*, we sought to develop a record on the use of
    internationally harmonized spectrum,[^51] which can be used to
    facilitate global roaming.[^52] Several commenters find global
    roaming vital to the success of advanced services and claim that
    harmonized spectrum is the only way to effectively accomplish this
    goal.[^53] Other commenters believe harmonization within the
    Americas is more important than finding common worldwide bands.[^54]
    In contrast, WorldCom doubts whether international roaming
    represents a very large market,[^55] and Sprint and WorldCom claim
    that complete global harmonization is neither likely nor feasible
    given the conflicting worldwide use of the bands identified by the
    ITU.[^56] Others note that the lack of global harmonization has not
    stopped the provision of international roaming on existing networks,
    particularly through the use of multi-mode/multi-band phones.[^57]
    In addition, some commenters claim that it will be impossible to
    avoid the use of multi-mode/multi-band handsets completely.[^58]
    Those who disfavor such equipment cite the added cost and complexity
    versus phones that use a single spectrum band.[^59]

16. The record also identifies general benefits of large contiguous
    blocks of harmonized spectrum, including economies of scale in
    equipment development and quicker deployment of advanced
    services.[^60] These benefits are not directly related to whether
    carriers actually provide roaming capabilities or whether consumers
    use roaming features.

17. We conclude that it is beneficial to allocate spectrum for AWS use
    in the United States that has been identified by the ITU for AWS use
    globally, both because doing so will facilitate roaming and because
    there are other benefits of harmonized spectrum (such as lower
    equipment costs). However, because multi-band devices have been used
    successfully in the U.S.,[^61] we find that AWS does not need to be
    deployed exclusively on harmonized spectrum.[^62]

18. It is also important to identify spectrum that can accommodate
    appropriate technologies. In the *Notice*, we noted that the ITU has
    developed worldwide standards for IMT-2000 wireless devices designed
    to provide broadband services at high data rates up to 2 Mbps,[^63]
    and asked whether these standards are sufficient to meet wireless
    system spectrum requirements in the U.S.[^64] Siemens claims that
    the data rates of the IMT-2000 interfaces will serve the market need
    "for the foreseeable time."[^65]

19. Most carriers in the U.S. have indicated plans to provide service
    that meet the IMT-2000 data rates by deploying systems based on
    cdma2000 and W-CDMA technologies.[^66] These technologies use paired
    channels of 1.25 to 7.5 MHz.[^67] In order to support multiple
    channels and capabilities, we conclude that small amounts of
    noncontiguous spectrum (*i.e*., blocks less than about 5 MHz in
    size) are apt to be less beneficial for the provision of AWS than
    are larger allocations.

20. In the *Further Notice*, we noted that spectrum efficiencies are
    inherent in the allocation of contiguous frequency blocks for
    AWS.[^68] The record reflects support for such allocations.[^69] For
    example, Motorola claims that if we allocate only 45 MHz of spectrum
    in the 2110-2170 MHz band for AWS, we should allocate a contiguous
    45 MHz block within the band to maximize spectrum efficiencies.[^70]

21. Finally, any decision to provide additional spectrum for the
    provision of AWS has the potential to affect incumbent uses of the
    reallocated bands. Many commenters also contend that key
    characteristics of any spectrum we find to be suitable for the
    provision of AWS are our ability to readily identify incumbent users
    and to provide a clear and comprehensive procedure to migrate
    incumbent users to suitable alternate bands.[^71] We agree. The
    easier it is to readily identify and clear incumbent users from a
    band, the more useful the band is likely to be for the provision of
    AWS.

## Spectrum for AWS 

### 1710-1755 MHz

22. The 1710-1755 MHz band was initially identified in 1995 for transfer
    from Federal Government use to mixed Federal Government/non-Federal
    Government use.[^72] At that time, NTIA determined that this band
    could be made available to non-Federal Government users in
    2004.[^73] NTIA also identified certain incumbent Federal Government
    facilities that may continue to operate in the band and must be
    protected from interference.[^74] In its *2002 Viability
    Assessment*, NTIA outlined additional steps for reaccommodating
    existing Federal Government users in the band segment, including
    some that have a right to remain in the band indefinitely.[^75] The
    NTIA plan offers a mechanism that could largely clear the band of
    Federal Government users no later than December 31, 2008.

23. Specifically, the *2002 Viability Assessment* proposes that 1)
    Federal Government non-military systems and DOD fixed microwave
    systems be relocated; 2) existing facilities at 16 sites where DOD
    has the right to continued primary use also be relocated; 3) DOD
    ground systems remain on a primary basis at two of these 16 sites --
    Cherry Point, N.C., and Yuma, Ariz., but operate on a secondary,
    coordinated basis at all other sites;[^76] and 4) precision guided
    munitions (PGM) systems continue to operate on a primary basis in
    the 1710-1720 MHz band segment until the current inventory is
    exhausted or until the end of 2008, whichever occurs first.[^77] We
    note that this band is subject to the provisions of NDAA-99 and all
    Federal Government systems therein that are relocated are entitled
    to reimbursement, and that such systems can continue to operate in
    the band on a primary basis until or unless they are relocated. In
    addition, the *2002 Viability Assessment* envisions that the
    Commission would conduct a rulemaking that would reallocate other
    spectrum to accommodate Federal systems that otherwise would remain
    in the 1710-1755 MHz band indefinitely on a primary basis. We note
    that any relocation of Federal Government systems from the 16
    protected sites is subject to the reimbursement and relocation rules
    of NDAA-1999.[^78] Many commenters urge us to adopt a quick and
    efficient means to relocate incumbent Federal Government users from
    the 1710-1755 MHz band,[^79] and overwhelmingly support the *2002
    Viability Assessment* as a mechanism for reducing Federal Government
    operations in the band.[^80]

24. Commenters note that the 1710-1755 MHz band enjoys many
    characteristics that make it suitable for AWS. They note it is
    already being used in many countries for 2G-style wireless
    services[^81] so it is likely to promote global spectrum
    harmonization in the long term,[^82] which in turn will foster
    roaming,[^83] and economies of scale that can translate into lower
    development costs and manufacturing efficiencies.[^84] They further
    state that this band can also help ensure that United States
    residents enjoy the same level of advanced services as in other
    countries.[^85] The parties observe that the 1710-1755 MHz band is
    slated to be made available for non-Federal Government commercial
    use,[^86] and that the *2002 Viability Assessment* offers a plan
    that can make the band even more useful for AWS. Catholic Television
    Network also states that the band "offers better propagation
    characteristics," than other bands under consideration.[^87] We also
    note that the band size -- 45 megahertz -- is large enough to
    support IMT-2000 protocols and would provide flexibility to
    accommodate a variety of channelization plans.

25. For the above reasons, we find that it serves the public interest to
    allocate the 1710-1755 MHz band segment for mobile and fixed
    services on a co-primary basis contingent on its becoming available
    for non-Federal Government mixed use January 1, 2004.[^88] In
    addition, we are deleting the fixed and mobile allocations from the
    Federal Government Table in the 1710-1755 MHz band, except as
    specified in the new United States footnote US378, which codifies
    Federal Government residual rights. We also retain and modify
    footnote US311 in the Table of Frequency Allocations. This footnote
    identifies certain pre-existing radio astronomy activities that
    exist between 1718.8 MHz and 1722.2 MHz at observatories set forth
    in Appendix F of the *Notice*. Because radio astronomy facilities in
    this band operate on an unprotected basis, we conclude that it is
    not necessary to add rules setting forth coordination procedures and
    exclusion zones, as the National Academies of Science (NAS)
    suggests.[^89] The footnote, modified to update the list of radio
    astronomy facilities,[^90] will serve to apprise parties of these
    operations.

26. We believe that the steps outlined in the *2002 Viability
    Assessment* offer a roadmap for addressing the encumbrances on the
    band in a timely and predicable manner, and we anticipate exploring
    its proposals in a further reallocation proceeding that we expect to
    initiate in the near future.[^91] At that time, we will also
    consider what, if any, mitigating techniques are necessary for new
    licensees to protect remaining incumbent Federal Government users of
    this band segment.

### 2110-2150/2150-2155 MHz

27. The 2110-2150 MHz band is among those frequency bands the ITU has
    identified for use, on a worldwide basis, by administrations wishing
    to implement IMT-2000 services.[^92] Currently, this band is used in
    the United States primarily for non-Federal Government fixed and
    mobile services licensed under the Fixed Microwave Service in Part
    101 of the Rules, the Public Mobile Services under Part 22 of the
    Rules, and the Domestic Public Fixed Radio Services under Part 21 of
    the Rules.[^93] Federal Government use of this band is generally on
    a secondary basis and is limited to space research earth stations
    for earth-to-space transmissions in the 2110-2120 MHz portion of the
    band.[^94]

28. The 2110-2150 MHz band is currently allocated for non-Government use
    for fixed and mobile services on a co-primary basis. The Commission
    originally identified this band for new advanced fixed and mobile
    services in the 1992 *Emerging Technologies* proceeding and adopted
    rules and procedures to permit new licensees to relocate existing
    fixed service microwave licensees from this spectrum band.[^95]

29. In the *Notice*, we proposed to make this band available for
    advanced mobile and fixed communication services.[^96] Commenters
    endorse use of the band for AWS, particularly due to the fact that
    that the band possesses many of the harmonization characteristics
    that can support global roaming capabilities. AT&T Wireless, WCA,
    and Ericsson describe the lower development and equipment costs that
    are expected to be associated with this spectrum, given the fact
    that it has already been designated by the ITU as a 3G terrestrial
    base station transmit band.[^97] In reply comments, Nucentrix
    Broadband Networks notes that commenters in this proceeding
    "fundamentally concluded" that the spectrum in the band is the "most
    viable" candidate for provision of the advanced services.[^98] NEC
    America submits that the 2110-2150 MHz band is already available and
    designated for commercial use,[^99] and the record broadly supports
    its use for the provision of the AWS.[^100]

30. The 2110-2150 MHz band is already allocated to the fixed and mobile
    services on a primary basis, and thus it is not necessary that we
    reallocate this spectrum in order to make it available for AWS use.
    Instead we re-designate the band for new uses consistent with the
    general outline of our *Emerging Technologies* proceeding. The
    amount of spectrum in the band is suitable for the provision of AWS
    by multiple licensees, based on our evaluation of the spectrum
    characteristics necessary to support appropriate AWS technologies.
    We also note that BBA-97 identifies the 2110-2150 MHz band for
    advanced wireless use and specifies that the band must be assigned
    under the competitive bidding procedures.[^101]

31. In addition, we note that the National Aeronautical and Space
    Administration (NASA) operates on a primary basis a station in the
    2110-2120 MHz band at Goldstone, California as part of the Space
    Research service. This station, which is authorized via United
    States footnote US252, is used by NASA's Deep Space Network (DSN)
    for uplink transmissions to interplanetary spacecraft.[^102] In the
    *Notice*, we proposed not to relocate this facility.[^103] Moreover,
    the DSN earth station transmits with a nominal EIRP of 105.5
    dBW.[^104] In the *Notice*, we noted that during command link
    operations it is likely that mobile receivers on the 2110-2120 MHz
    segment (and possibly in adjacent bands above 2120 MHz) will not be
    able to operate within the areas surrounding Goldstone.[^105] We
    sought comment on how we can best accommodate AWS and account for
    continued DSN use of the band segment.[^106]

32. The *2002 Viability Assessment* concluded that advanced wireless
    mobile receivers "will probably experience service disruption in the
    2110-2120 MHz band when attempting to operate in areas surrounding
    the Goldstone site during uplink transmissions," although the
    severity and duration of the disruption will vary depending on a
    number of factors.[^107] The Jet Propulsion Laboratory (JPL) states
    that its interference calculations[^108] show that receivers
    complying with IMT-2000 specifications would be disrupted during
    Goldstone's uplink transmissions, and proposes establishment of a
    protected operating zone in the 2110-2120 MHz band of approximately
    200 km in radius around the Goldstone facility where AWS operations
    would not be permitted.[^109] JPL states that this area has an
    overall low population density and is largely comprised of the
    Mojave Desert and Death Valley areas. This proposed protected area
    also includes the city of Las Vegas, the I-15 corridor between Cajon
    Pass and Las Vegas, and portions of other major thoroughfares.[^110]
    In contrast to JPL, AT&T Wireless suggests that sharing is a better
    option,[^111] and Motorola urges us not to reject use of the
    frequency band outright but to instead examine the timing of
    Goldstone's transmissions in order to affect some sort of
    sharing.[^112]

33. We examined the interference characteristics of the Goldstone DSN
    facility and based on its typical operation pattern, which is
    intermittent, the amount of its signal that would be blocked by
    terrain in many directions, and the low population density in the
    areas near Goldstone, we conclude that a significant amount of
    interference should not occur to AWS.[^113] Therefore, we will not
    formally restrict use of the 2110-2120 MHz band in the vicinity of
    Goldstone. However, we anticipate that this band will be unusable
    for advanced services at certain times in the immediate vicinity of
    Goldstone, and expect that potential licensees will take this fact
    into account and will develop their business and service plans
    accordingly. We believe that such an approach is practical, given
    the comments of the AWS proponents that discussed Goldstone
    interference, and we will work cooperatively with JPL and other
    interested parties to insure that our approach does in fact achieve
    its goals.

34. The 2150-2160 MHz band is allocated internationally to the fixed and
    mobile services on a primary basis.[^114] Domestically, the
    2150-2160 MHz band is allocated to the fixed service on a primary
    basis[^115] and is regulated under Part 21 of our Rules as part of
    MDS.[^116] This band is generally operated as two channels - Channel
    1 (2150-2156 MHz) and Channel 2A (2156-2160 MHz).[^117] In addition,
    licensees may use channel 2 (2156-2162 MHz) on a limited basis in 50
    cities.[^118] MDS may also use spectrum in the 2500-2690 MHz
    band.[^119]

35. In the *Further Notice*, we requested comment on whether the
    2150-2160 MHz band should be reallocated for AWS, and if so, how
    this band might be used with other spectrum being considered for
    AWS.[^120] We solicited comment on the impact of reallocating this
    band from MDS operations to AWS. In this regard, we proposed that if
    relocation were deemed necessary MDS incumbents would be entitled to
    comparable facilities and/or adequate replacement spectrum and
    sought comment on the relocation policies and procedures that should
    apply.[^121] In addition, we requested comment on whether the
    spectrum sharing conclusions of the *FCC Final Report* on MDS use of
    the 2500-2690 MHz band apply to the 2150-2160 MHz band.[^122] We
    invited comment on the public interest costs and benefits of adding
    a mobile allocation to the 2150-2160 MHz band.[^123]

36. In general, wireless carriers believe that the 2150-2160 MHz band
    should be reallocated to allow AWS and that the MDS operators should
    be relocated.[^124] Such an action, they contend would have many
    benefits for AWS. For example, Telephone and Data Systems claims
    that the 2150-2160 MHz band is vital as part of a large contiguous
    allocation for AWS in the 2.1 GHz band.[^125] The Wireless
    Communications Division of the Telecommunications Industry
    Association states that the reallocation of the 2150-2160 MHz band
    "offers the only practical opportunity" to create a global downlink
    band for AWS.[^126] The Radio Advisory Board of Canada states that a
    significant step towards the objective of ensuring maximum worldwide
    commonality would be the adoption of a common base station transmit
    band that includes the 2150-2160 MHz band.[^127] In addition, some
    AWS proponents argue that continued MDS transmissions in the
    2150-2160 MHz band would cause harmful interference to AWS systems
    and therefore must be relocated.[^128] Verizon states that continued
    MDS operations in this band could completely preclude AWS operations
    in the 2110-2150 MHz band.[^129] However, it also comments that if
    more stringent emission limits are adopted for MDS, then a guard
    band may be able to protect 3G receivers from interference.[^130]

37. MDS licensees have generally expressed a strong desire to retain the
    2150-2160 MHz band for MDS operations.[^131] However, they express a
    desire for a mobile allocation to be added to the 2150-2160 MHz
    band, or to any replacement spectrum they might be allocated.[^132]
    To facilitate sharing in the band, WCA states that under certain
    conditions MDS and AWS can co-exist in the 2110-2165 MHz band.[^133]
    First, WCA states that a modest guard band between MDS and AWS would
    be necessary.[^134] However, alleging flaws in Verizon's analysis,
    WCA refutes the assertion that the entire band would be
    unusable.[^135] Second, WCA states that to enable band sharing an
    appropriate spectral mask must be imposed on AWS and AWS power
    levels must be limited.[^136]

38. Commenters advocating the relocation of MDS operations offer several
    approaches. AT&T states that moving MDS to the 2155-2165 MHz band
    would provide 45 megahertz of contiguous spectrum for 3G and require
    only one guard band.[^137] Likewise, Verizon argues that MDS
    operations in the 2150-2160 MHz band could be shifted up to the
    2155-2165 MHz band or alternatively moved to spectrum within or
    adjacent to the MDS spectrum at 2500-2690 MHz.[^138] Cingular
    presents a plan recommending that MDS operations be relocated to the
    MSS spectrum at 2010-2025 MHz.[^139] Ericsson argues that the MDS
    spectrum should be reallocated for AWS, but replacement spectrum for
    MDS should only be considered if market developments indicate a
    clear need. In that case, Ericsson suggests that replacement
    spectrum could come from the 2385-2400 MHz band, in abandoned MSS
    spectrum below 2025 MHz, or in the 700 MHz spectrum bands.[^140]

39. WCA argues that each of these options poses difficulties for MDS
    operations. With respect to moving MDS to the 2155-2165 MHz band, it
    notes that in 50 markets, MDS licensees may use up to 12 megahertz
    which must be accommodated, that such relocation would eliminate the
    *de facto* guard band between MDS and MSS,[^141] and that such a
    transition would have to be accomplished without disrupting service
    to customers and all costs must be reimbursed.[^142] WCA further
    states that other options proposed are also lacking. It states that
    moving MDS into the MSS bands is problematic because it would reduce
    the size of the MSS spectrum.[^143] Additionally, WCA states that
    the 2385-2400 MHz band is not suitable for MDS relocation because
    the 2385-2390 MHz band is not readily available and because there is
    a likelihood of adjacent channel interference from Federal
    Government airborne telemetry operations and co-channel interference
    to amateur operations in the 2390-2400 MHz band.[^144] WCA does
    however, offer a relocation solution, stating that in the event the
    Commission deems relocation necessary, an acceptable compromise
    would be to relocate MDS Channels 1 and 2/2A to the
    1910-1916/1990-1996 MHz bands and allow fixed or mobile use.[^145]

40. We conclude that the record supports reallocation of 5 megahertz of
    spectrum at 2150-2155 MHz to add a mobile allocation to support the
    provision of AWS.[^146] Because this spectrum is contiguous to the
    2110-2150 MHz band, this reallocation will allow efficiencies in
    deploying new AWS. For example, there will be only one point where
    AWS and MDS bands are adjacent and interference issues will need to
    be addressed.[^147] We note that the 2150-2155 MHz band is part of
    the "worldwide" IMT-2000 base station transmit band that extends
    from 2110 MHz to 2170 MHz. Thus our action here more closely aligns
    U.S. spectrum with allocations in the rest of the world and could
    lead to lower equipment costs and promote global roaming.
    Furthermore, this action will provide two contiguous 45 megahertz
    blocks of paired spectrum (*i.e.,* 1710-1755 MHz paired with
    2110-2155 MHz), and provide more options for assigning large
    spectrum blocks suitable for AWS use.

41. We recognize that our decision here to reallocate the 2150-2155 MHz
    band from MDS to AWS use requires that we address certain issues
    regarding MDS operations. In particular, we will have to consider
    relocation spectrum and propose relocation procedures for MDS,
    keeping in mind the need to avoid disruption to existing customers.
    Because we do not anticipate licensing the band for new services
    until after we adopt service rules,[^148] and because the companion
    Federal Government transfer spectrum in the 1710-1755 MHz band will
    not be available until 2004, there is sufficient time for us to
    identify in a separate proceeding to be initiated in the near future
    any necessary relocation spectrum for MDS licensees and to craft
    appropriate relocation procedures. In addressing relocation,
    however, we recognize the importance of avoiding unnecessary delay
    so as to minimize uncertainty to existing licensees.

42. We now turn to the relocation procedures for incumbent fixed
    microwave service licensees that currently operate in the 2110-2150
    MHz band. Because this band was identified and reallocated for new
    uses in the *Emerging Technologies* proceeding, a mechanism already
    exists to clear these incumbent licensees. In the *Notice*, we noted
    that fixed microwave service incumbents holding primary status[^149]
    in the 2110-2150 MHz band are entitled to compensation for
    relocation of facilities under these policies.[^150] We further
    noted that certain fixed microwave incumbents in the 2110-2150 MHz
    band segment consist of links that are paired with frequencies in
    the 2165-2200 MHz band, which was previously reallocated to support
    MSS.[^151] Moreover, some microwave licensees at 2110-2115 MHz have
    paired links in the 2160-2165 MHz band.[^152]

43. In the MSS proceeding, which affected bands used by both fixed
    microwave incumbents and the Broadcast Auxiliary Service (BAS), the
    Commission adopted modified relocation procedures that, *inter
    alia*, imposed a single, shortened mandatory negotiation period in
    lieu of distinct voluntary and mandatory negotiation periods, and
    eliminated an incumbent's right of return to its original
    spectrum.[^153] For paired microwave links, the Commission adopted a
    procedure by which the first new licensee would relocate both
    microwave links -- including the "second" link that was not in the
    new licensee's licensed band. Once a subsequent licensee sought to
    begin operations on frequencies formerly used by this second link,
    that licensee would be obligated to reimburse the first licensee
    that relocated the paired microwave facilities half of the total
    relocation costs.[^154] We note that this procedure applies to the
    first licensee to displace a microwave incumbent with paired
    facilities, regardless of whether the licensee is a MSS license in
    the 2165-2200 MHz band or a new service license in the 2110-2150 MHz
    band.[^155]

44. In the *Notice*, we noted that it would be possible for both
    relocation procedures to apply to the same new entrant in the
    2110-2150 MHz band -- the modified MSS relocation procedure for a
    link paired between the 2110-2150 MHz and 2165-2200 MHz bands and
    the *Emerging Technologies* procedure for all other relocations
    (including the relocation of a link paired between the 2110-2150 MHz
    and 2160-2165 MHz bands).[^156] We thus proposed to use the modified
    procedure for the relocation of any incumbent user in order to
    provide a single relocation process for this band.[^157] For
    microwave links paired in the 2110-2150 and 2160-2165 MHz bands, a
    new licensee would be required to relocate both paths (if such a
    relocation had not yet been done), but would retain a right to seek
    reimbursement of 50 percent of its relocation costs from the
    licensee that ultimately uses frequencies in the second path. All
    new licensees, regardless of whether they relocate paired or
    unpaired microwave incumbents, would be subject to the modified
    relocation rules (such as the shortened mandatory negotiation
    period) discussed above.

45. Blooston opposes the proposed modification and says that the
    distinctions that led us to adopt a revised relocation procedure in
    the MSS proceeding do not justify extension of that procedure to the
    entire Emerging Technologies band.[^158] It claims that the modified
    procedures will remove much of the negotiating leverage between
    incumbents and new entrants, which in turn will diminish the
    likelihood that incumbents will obtain adequate replacement
    facilities.[^159] Furthermore, it claims that the unique needs of
    the BAS incumbents (which required a unified, integrated relocation)
    are wholly different from the fixed microwave services (which can be
    relocated on a case-by-case basis), and, therefore, that the
    specialized relocation procedures should not be expanded to
    additional fixed services outside the MSS relocation bands.[^160]
    Several commenters also expressed concern that incumbent licensees
    might not be adequately relocated under the procedures we proposed
    to adopt.[^161]

46. We conclude that the modified relocation procedures, as proposed,
    represent the best course. A unified approach to our rules and
    procedures serves the public interest,[^162] and can promote the
    rapid development of AWS, which many commenters support.[^163]
    Moreover, if the demand for the advanced services is as robust as
    commenters claim, incumbent licensees should find new licensees
    particularly eager to reach relocation agreements so as not to be
    competitively disadvantaged by a delay in their service deployment.
    This, in turn, would appear to mitigate Blooston's concerns that the
    proposal would skew the negotiating leverage in favor of the new
    licensee.[^164] Finally, we note that under our basic relocation
    principles, incumbents retain a right to comparable facilities. We
    stress that we are not altering this process, nor an incumbent's
    right to seek relief if it believes the relocation process has not
    been conducted in good faith.[^165] We observe, however, that we may
    need to modify the reimbursement provisions if MDS is reassigned to
    the 2155-2165 MHz band because Fixed Service microwave operations in
    the 2160-2165 MHz band would have to be relocated. Under the current
    rules, for example, MDS would have to reimburse a new AWS entrant
    who is trying to clear paired microwave links at 2110-2115 and
    2160-2165 MHz.

47. In the *Emerging Technologies* proceeding, we identified the 4 GHz,
    6 GHz, 10 GHz, and 11 GHz bands as relocation spectrum for fixed
    microwave operations.[^166] This action was taken to provide
    spectrum relocation options to incumbent users. Pinnacle West
    Capital Corporation states that suitable spectrum must be available
    in the event it needs to relocate facilities,[^167] while Cingular
    Wireless states that it would not be too difficult to accommodate
    many of the incumbents in the 2110-2150 MHz band in the 4 GHz, 6
    GHz, 10 GHz, and 11 GHz bands.[^168] In addition, no party refuted
    our observation that incumbents may also be able to be relocated
    using other mediums, such as fiber or through existing commercial
    services.[^169] In the absence of specific evidence to the contrary,
    we continue to believe that the replacement spectrum first
    identified in the *Emerging Technologies* can be used to provide
    adequate relocation facilities and will provide suitable spectrum
    for any microwave incumbent licenses that are ultimately relocated.

### Other Bands

48. *1755-1850 MHz.* In the *Notice*, we identified the 1755-1850 MHz
    band for consideration for the provision of AWS. The 1755-1770 MHz
    band segment was considered as part of the initial NTIA studies, and
    was again evaluated in the *2002 Viability Assessment*. In this most
    recent review, NTIA concluded that the 1755-1850 MHz band is not
    viable for use by AWS due to the extensive and critical Federal
    Government operations in the band, including DOD mobile systems
    operating in the 1755-1850 MHz range that "have recently been
    elevated in importance due \[to\] the war on terrorism, homeland
    defense, and possible requirements for ballistic missile
    defense."[^170] Moreover, NTIA was unable to identify alternative
    spectrum bands that could readily accommodate many of these systems,
    including air combat training systems, the Land Warrior systems, and
    DOD satellite telemetry, tracking and command facilities that
    operate in the 1761-1842 MHz band segment and which cannot be easily
    re-tuned.[^171] The 1770-1850 MHz band segment was previously
    rejected by NTIA as incompatible for shared use and was not included
    in the most recent band evaluation process.[^172] Throughout the
    evaluation process, Federal Government users have consistently
    expressed skepticism that any portion of the 1755-1850 MHz band
    segment can be made available for advanced commercial wireless
    systems, either through relocation of Federal users or by shared
    use.[^173] Moreover, NTIA anticipates that the process that will
    allow it to relocate Federal users from the 1710-1755 MHz band
    segment will result in system relocations to spectrum above 1755
    MHz, as well as a generally more intensive use of the 1770-1850 MHz
    band segment for existing, relocated, and new systems.[^174] We note
    that some commenters identify benefits from the use of this band for
    AWS, including regional harmonization[^175] and the possibility that
    allocation of the 1755-1850 MHz band (in conjunction with the
    1710-1755 MHz band) would serve as a catalyst for making these
    frequencies as globally accepted as the core bands identified in
    IMT-2000.[^176]

49. Given the statements by NTIA regarding the intense use of this band
    by military users and other Federal Government agencies that provide
    critical safety-of-life operations, and the concern expressed by
    many commenters about clearing existing government users,[^177] we
    conclude that this band is too encumbered to be used for the
    provision of AWS. We note that while some comments suggest that we
    explore a combination of sharing and migration for incumbent
    users,[^178] NTIA and other commenters do not believe that
    co-channel sharing is possible.[^179] We acknowledge the *2002
    Viability Assessment's* conclusion that "\[a\] leap forward in
    technology may permit extensive sharing in all bands below 3 GHz in
    the future," but that until such developments occur, it appears that
    use of the 1755-1770 MHz band for advanced wireless applications is
    not technically viable.[^180] Accordingly, we conclude that the
    1755-1850 MHz band is not suitable for the provision of AWS at this
    time.

50. *Currently Allocated Spectrum.* In the *Notice*, we noted that
    currently allocated spectrum may also be suitable for the provision
    of AWS.[^181] This spectrum includes television bands that were
    reallocated to commercial fixed, mobile, and broadcast services and
    are in the process of being vacated as part of the transition to
    digital television.[^182] We note that the disposition of these
    bands has taken place in separate proceedings. The record in the
    instant proceeding contains nothing that would cause us to revisit
    these decisions, nor to reassess our general conclusion that the
    reallocated television bands will be available for new uses,
    including AWS.[^183] However, we reach an opposite conclusion with
    respect to the 2390-2400 MHz band. The record reflects little
    support for AWS use of this band, which is designated for UPCS and
    Amateur Service use, and the *2002 Viability Assessment* identified
    this spectrum as suitable replacement spectrum for some Government
    systems currently operating in the 1710-1755 MHz band. Therefore, we
    will not further examine the possible use of the 2390-2400 MHz band
    for the provision of AWS.

# Conclusion

51. The 90 megahertz of spectrum that we are identifying for AWS is a
    sizeable amount of spectrum that compares favorably with previous
    spectrum allocations for commercial wireless applications. For
    example, this is more than twice the 40 MHz of spectrum that the
    Cellular Radiotelephone Service was initially allocated when the
    service was initiated,[^184] and represents three quarters of the
    amount of spectrum allocated to Broadband PCS.[^185] Including the
    spectrum we make available today, the total spectrum allocated for
    commercial wireless services is approximately 280 MHz.[^186]

52. Under the criteria discussed *supra*, the 90 megahertz of spectrum
    we allocate today will promote the robust deployment of AWS, and we
    will continue to strive to make allocation decisions that can lead
    to the widescale deployment of innovative new services. Moreover,
    technological developments may foster further efficiencies in the
    deployment of AWS. These technologies include software defined radio
    (SDR)[^187] and adaptive antenna technology (increasing
    directionality) or new modulation or coding techniques (more
    information in the same spectrum) that may allow for greater
    spectral efficiency than that which is typically associated with
    current wireless systems.[^188] Finally, we stress that this action
    is part of a continuing effort to identify and evaluate both the
    current and future spectrum needs for AWS. The further decisions
    that we make in this continuing proceeding may well result in the
    allocation of additional spectrum for commercial use, including the
    provision of AWS.

    **V. PROCEDURAL MATTERS**

## Final Regulatory Flexibility Analysis

53. As required by Section 603 of the Regulatory Flexibility Act, 5
    U.S.C. § 603, the Commission has prepared a Final Regulatory
    Flexibility Analysis (FRFA) of the possible significant economic
    impact on small entities of the proposals suggested in this
    document. The FRFA is set forth in Appendix C.

## Contact Person

54. For further information concerning this rule making proceeding
    contact Jamison Prime at (202) 418-7474, jprime@fcc.gov, Office of
    Engineering and Technology.

# VI. ordering clauses {#vi.-ordering-clauses .unnumbered}

55. Accordingly, IT IS ORDERED that pursuant to Sections 1, 4(i), 7(a),
    301, 302(a), 303(f), 303(g), 303(r), 307, 308, 309(j), 316, and 332
    of the Communications Act of 1934, as amended, 47 U.S.C. Sections
    151, 154(i), 157(a), 301, 302(a), 303(f), 303(g), 303(r), 307, 308,
    309(j), 316, and 332 the SECOND REPORT AND ORDER is hereby ADOPTED.

56. IT IS FURTHER ORDERED that the rules set forth in Appendix A WILL
    BECOME EFFECTIVE 30 days after publication in the Federal Register.

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

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A: FINAL RULES**

For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 2, 21, and 101 as follows:

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

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

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

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

a\. Revise pages 47 and 49.

b\. In the list of United States (US) Footnotes, remove footnote US256,
revise footnote US311, and add footnote US378.

c\. In the list of non-Federal Government (NG) Footnotes, revise
footnote NG153 and add footnote NG176.

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

The revisions and additions read as follows:

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 1670-2110 |           |           |           |           | Page 47 |
| MHz (UHF) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1670-1675 |           |           | 1670-1675 | 1670-1675 | W       |
|           |           |           |           |           | ireless |
| METEO     |           |           | 5.341     | FIXED     |         |
| ROLOGICAL |           |           | US211     |           | Communi |
| AIDS      |           |           | US362     | MOBILE    | cations |
|           |           |           |           | except    | (27)    |
| FIXED     |           |           |           | aer       |         |
|           |           |           |           | onautical |         |
| METEOR    |           |           |           |           |         |
| OLOGICAL- |           |           |           | mobile    |         |
| SATELLITE |           |           |           |           |         |
| (space-   |           |           |           | 5.341     |         |
| to-Earth) |           |           |           | US211     |         |
|           |           |           |           | US362     |         |
| MOBILE    |           |           |           |           |         |
| 5.380     |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.341     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1675-1690 | 1675-1690 | 1675-1690 | 1675-1700 |           |         |
|           |           |           |           |           |         |
| METEO     | METEO     | METEO     | METEO     |           |         |
| ROLOGICAL | ROLOGICAL | ROLOGICAL | ROLOGICAL |           |         |
| AIDS      | AIDS      | AIDS      | AIDS      |           |         |
|           |           |           | (ra       |           |         |
| FIXED     | FIXED     | FIXED     | diosonde) |           |         |
|           |           |           |           |           |         |
| M         | M         | M         | METEOR    |           |         |
| ETEOROLOG | ETEOROLOG | ETEOROLOG | OLOGICAL- |           |         |
| ICAL-SAT- | ICAL-SAT- | ICAL-SAT- | SATELLITE |           |         |
|           |           |           | (space-   |           |         |
| ELLITE    | ELLITE    | ELLITE    | to-Earth) |           |         |
| (space-   | (space-   | (space-   |           |           |         |
| to-Earth) | to-Earth) | to-Earth) |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| except    | except    | except    |           |           |         |
| aer       | aer       | aer       |           |           |         |
| onautical | onautical | onautical |           |           |         |
|           |           |           |           |           |         |
| mobile    | mobile    | mobile    |           |           |         |
|           |           |           |           |           |         |
| 5.341     | MOBILE-   | 5.341     |           |           |         |
|           | SATELLITE |           |           |           |         |
|           |           |           |           |           |         |
|           | (Earth-   |           |           |           |         |
|           | to-space) |           |           |           |         |
|           |           |           |           |           |         |
|           | 5.341     |           |           |           |         |
|           | 5.377     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1690-1700 | 1690-1700 | 1690-1700 | 5.289     |           |         |
|           |           |           | 5.341     |           |         |
| METEO     | METEO     | METEO     | US211     |           |         |
| ROLOGICAL | ROLOGICAL | ROLOGICAL |           |           |         |
| AIDS      | AIDS      | AIDS      |           |           |         |
|           |           |           |           |           |         |
| M         | M         | M         |           |           |         |
| ETEOROLOG | ETEOROLOG | ETEOROLOG |           |           |         |
| ICAL-SAT- | ICAL-SAT- | ICAL-SAT- |           |           |         |
|           |           |           |           |           |         |
| ELLITE    | ELLITE    | ELLITE    |           |           |         |
| (space-   | (space-   | (space-   |           |           |         |
| to-Earth) | to-Earth) | to-Earth) |           |           |         |
|           |           |           |           |           |         |
| Fixed     | MOBILE-   | 5.289     |           |           |         |
|           | SATELLITE | 5.341     |           |           |         |
| Mobile    |           | 5.381     |           |           |         |
| except    | (Earth-   |           |           |           |         |
| aer       | to-space) |           |           |           |         |
| onautical |           |           |           |           |         |
|           | 5.289     |           |           |           |         |
| mobile    | 5.341     |           |           |           |         |
|           | 5.377     |           |           |           |         |
| 5.289     | 5.381     |           |           |           |         |
| 5.341     |           |           |           |           |         |
| 5.382     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1700-1710 | 1700-1710 | 1700-1710 | 1700-1710 | 1700-1710 |         |
|           |           |           |           | M         |         |
| FIXED     | FIXED     | FIXED     | FIXED     | ETEOROLOG |         |
|           |           |           | G118      | ICAL-SAT- |         |
| M         | M         | M         |           |           |         |
| ETEOROLOG | ETEOROLOG | ETEOROLOG | M         | ELLITE    |         |
| ICAL-SAT- | ICAL-SAT- | ICAL-SAT- | ETEOROLOG | (space-   |         |
|           |           |           | ICAL-SAT- | to-Earth) |         |
| ELLITE    | ELLITE    | ELLITE    |           |           |         |
| (space-   | (space-   | (space-   | ELLITE    | Fixed     |         |
| to-Earth) | to-Earth) | to-Earth) | (space-   |           |         |
|           |           |           | to-Earth) | 5.289     |         |
| MOBILE    | MOBILE    | MOBILE    |           | 5.341     |         |
| except    | except    | except    | 5.289     |           |         |
| aer       | aer       | aer       | 5.341     |           |         |
| onautical | onautical | onautical |           |           |         |
|           |           |           |           |           |         |
| mobile    | mobile    | mobile    |           |           |         |
|           |           |           |           |           |         |
| 5.289     | MOBILE-   | 5.289     |           |           |         |
| 5.341     | SATELLITE | 5.341     |           |           |         |
|           |           | 5.384     |           |           |         |
|           | (Earth-   |           |           |           |         |
|           | to-space) |           |           |           |         |
|           |           |           |           |           |         |
|           | 5.289     |           |           |           |         |
|           | 5.341     |           |           |           |         |
|           | 5.377     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1710-1930 |           |           | 1710-1755 | 1710-1755 |         |
|           |           |           |           |           |         |
| FIXED     |           |           | 5.341     | FIXED     |         |
|           |           |           | US311     |           |         |
| MOBILE    |           |           | US378     | MOBILE    |         |
| 5.380     |           |           |           |           |         |
| 5.384A    |           |           |           | 5.341     |         |
| 5.388A    |           |           |           | US311     |         |
|           |           |           |           | US378     |         |
|           |           |           |           | NG176     |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 2110-2345 |           |           |           |           | Page 49 |
| MHz (UHF) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2110-2120 |           |           | 2110-2120 | 2110-2155 | Public  |
|           |           |           |           |           | Mobile  |
| FIXED     |           |           | US252     | FIXED     | (22)    |
|           |           |           |           | NG23      |         |
| MOBILE    |           |           |           |           | Fixed   |
| 5.388A    |           |           |           | MOBILE    | Mi      |
|           |           |           |           |           | crowave |
| SPACE     |           |           |           |           | (101)   |
| RESEARCH  |           |           |           |           |         |
| (deep     |           |           |           |           |         |
| space)    |           |           |           |           |         |
| (Earth-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.388     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2120-2160 | 2120-2160 | >         | 2120-2200 |           |         |
|           |           | 2120-2160 |           |           |         |
| FIXED     | FIXED     | >         |           |           |         |
|           |           | > FIXED   |           |           |         |
| MOBILE    | MOBILE    | >         |           |           |         |
| 5.388A    | 5.388A    | > MOBILE  |           |           |         |
|           |           | > 5.388A  |           |           |         |
|           | Mobile-   |           |           |           |         |
|           | satellite |           |           |           |         |
|           |           |           |           |           |         |
|           | (space-   |           |           |           |         |
|           | to-Earth) |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | US252     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.388     | 5.388     | > 5.388   |           | 2155-2160 | D       |
|           |           |           |           |           | omestic |
|           |           |           |           | FIXED     | Public  |
|           |           |           |           | NG23      | Fixed   |
|           |           |           |           |           |         |
|           |           |           |           |           | \(21\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2160-2170 | 2160-2170 | >         |           | 2160-2165 | D       |
|           |           | 2160-2170 |           |           | omestic |
| FIXED     | FIXED     | >         |           | FIXED     | Public  |
|           |           | > FIXED   |           | NG23      | Fixed   |
| MOBILE    | MOBILE    | >         |           | NG153     |         |
| 5.388A    |           | > MOBILE  |           |           | \(21\)  |
|           | MOBILE-   | > 5.388A  |           | MOBILE    |         |
|           | SATELLITE |           |           |           | Public  |
|           |           |           |           |           | Mobile  |
|           | (space-   |           |           |           | (22)    |
|           | to-Earth) |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.388     | 5.388     | 5.388     |           | 2165-2200 | Sa      |
| 5.392A    | 5.389C    |           |           |           | tellite |
|           | 5.389D    |           |           | MOBILE-   |         |
|           |           |           |           | SATELLITE | Communi |
|           | 5.389E    |           |           |           | cations |
|           | 5.390     |           |           | (space-   | (25)    |
|           |           |           |           | to-Earth) |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2170-2200 |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE-   |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
| 5.351A    |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.388     |           |           |           |           |         |
| 5.389A    |           |           |           |           |         |
| 5.389F    |           |           |           |           |         |
| 5.392A    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | NG23      |         |
|           |           |           |           | NG168     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2200-2290 |           |           | 2200-2290 | 2200-2290 |         |
|           |           |           |           |           |         |
| SPACE     |           |           | SPACE     |           |         |
| OPERATION |           |           | OPERATION |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           | (space-   |           |         |
| (space-   |           |           | to-Earth) |           |         |
| to-space) |           |           |           |           |         |
|           |           |           | (space-   |           |         |
| EARTH     |           |           | to-space) |           |         |
| EXP       |           |           |           |           |         |
| LORATION- |           |           | EARTH     |           |         |
| SATELLITE |           |           | EXP       |           |         |
| (space-   |           |           | LORATION- |           |         |
| to-Earth) |           |           |           |           |         |
| (space-   |           |           | SATELLITE |           |         |
| to-space) |           |           | (         |           |         |
|           |           |           | space-to- |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           | Earth)    |           |         |
| MOBILE    |           |           | (space-   |           |         |
| 5.391     |           |           | to-space) |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           | FIXED     |           |         |
| RESEARCH  |           |           | (line     |           |         |
| (space-   |           |           | -of-sight |           |         |
| to-Earth) |           |           | only)     |           |         |
| (space-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US311 Radio astronomy observations may be made in the bands
1350-1400 MHz, 1718.8-1722.2 MHz, and 4950-4990 MHz on an unprotected
basis at the following radio astronomy observatories:

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

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

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

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

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

  National Radio Astronomy         80 kilometer    
  Observatory, Very Long Baseline  radius centered 
  Array Stations                   on:             

                                   Latitude        Longitude (West)
                                   (North)         

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

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

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

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

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

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

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

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

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

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

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

In the bands 1350-1400 MHz and 4950-4990 MHz, every practicable effort
will be made to avoid the assignment of frequencies to stations in the
fixed and mobile services that could interfere with radio astronomy
observations within the geographic areas given above. In addition, every
practicable effort will be made to avoid assignment of frequencies in
these bands to stations in the aeronautical mobile service which operate
outside of those geographic areas, but which may cause harmful
interference to the listed observatories. Should such assignments result
in harmful interference to these observatories, the situation will be
remedied to the extent practicable.

\* \* \* \* \*

US378 In the band 1710-1755 MHz, Federal Government stations in the
fixed and mobile services shall operate on a primary basis until
reaccommodated in accordance with the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999. Further, Federal Government
stations may continue to operate in the band 1710-1755 MHz as provided
below:

\(a\) Federal fixed microwave and tactical radio relay stations may
operate indefinitely on a primary basis at the sites listed below:

  -------------------------------------------------------------------------- ------------------ ---------------------
  Location                                                                   Coordinates        Radius of Operation
                                                                                                (km)

  Cherry Point, NC..............................\.....                       34° 58\' N 076°    80
                                                                             56\' W             

  Yuma,                                                                      32° 32\' N 113°    80
  AZ......\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...   58\' W             
  -------------------------------------------------------------------------- ------------------ ---------------------

\(b\) Federal fixed microwave and tactical radio relay stations may
operate on a secondary basis, and shall not cause harmful inference to,
and must accept harmful interference from, primary non-Federal
Government operations at the sites listed below:

  ------------------------------------------- ------------------ ---------------------
  Location                                    Coordinates        Radius of Operation
                                                                 (km)

  China Lake,                                 35° 41\' N 117°    80
  CA....................................      41\' W             

  Eglin AFB,                                  30° 29\' N 086°    80
  FL.................................\.....   31\' W             

  Pacific Missile Test Range/Point Mugu, CA.. 34° 07\' N 119°    80
                                              30\' W             

  Nellis AFB,                                 36° 14\' N 115°    80
  NV.................................\...     02\' W             

  Hill AFB,                                   41° 07\' N 111°    80
  UT......................................    58\' W             

  Patuxent River,                             38° 17\' N 076°    80
  MD..............................            25\' W             

  White Sands Missile Range,                  33° 00\' N 106°    80
  NM...............                           30\' W             

  Fort Irwin,                                 35° 16\' N 116°    50
  CA.....................................     41\' W             

  Fort Rucker,                                31° 13\' N 085°    50
  AL...................................       49\' W             

  Fort Bragg,                                 35° 09\' N 079°    50
  NC....................................      01\' W             

  Fort Campbell,                              36° 41\' N 087°    50
  KY................................          28\' W             

  Fort Lewis,                                 47° 05\' N 122°    50
  WA.................................\...     36\' W             

  Fort Benning,                               32° 22\' N 084°    50
  GA.................................         56\' W             

  Fort Stewart,                               31° 52\' N 081°    50
  GA..............................\.....      37\' W             
  ------------------------------------------- ------------------ ---------------------

\(c\) In the sub-band 1710-1720 MHz, precision guided munitions shall
operate on a primary basis until inventory is exhausted or until
December 31, 2008, whichever is earlier.

\* \* \* \* \*

NON-FEDERAL GOVERNMENT (NG) FOOTNOTES

\* \* \* \* \*

NG153 The band 2160-2165 MHz is reserved for future emerging
technologies on a co-primary basis with the fixed and mobile services.
Allocations to specific services will be made in future proceedings.
Authorizations in the band 2160-2162 MHz for stations in the Multipoint
Distribution Service applied for after January 16, 1992 shall be on a
secondary basis to emerging technologies.

\* \* \* \* \*

NG176 The allocations to the fixed and mobile services in the band
1710-1755 MHz shall come into effect on January 1, 2004.

**PART 21---DOMESTIC PUBLIC FIXED RADIO SERVICES**

3\. The authority citation for Part 21 continues to read as follows:

AUTHORITY: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 403,
404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 1076, 1077,
1080, 1082, 1083, 1087, 1094, 1098, 1102, 47 U.S.C. 151, 154, 201-205,
208, 215, 218, 303, 307, 313, 314, 403, 404, 602,; 47 U.S.C. 552, 554.

4\. Remove Section 21.50 and reserve the section number for future use.

**[§ 21.50 \[Reserved\].\
]{.underline}**

**PART 101---FIXED MICROWAVE SERVICES**

3\. The authority citation for Part 101 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 303.

4\. Section 101.69 is amended by revising paragraph (d) to read as
follows:

**[§ 101.69 Transition of the 1850-1990 MHz, 2110-2150 MHz, and
2160-2200 MHz bands from the fixed microwave services to personal
communications services and emerging technologies.]{.underline}**

\* \* \* \* \*

\(d\) Relocation of FMS licensees in the 2110-2150 and 2160-2200 MHz
bands will be subject to mandatory negotiations only. Mandatory
negotiation periods are defined as follows:

\* \* \* \* \*

5\. Section 101.73 is amended by revising paragraphs (d) and (d)(3) to
read as follows:

**[§ 101.73 Mandatory negotiations.]{.underline}**

\* \* \* \* \*

\(d\) Provisions for Relocation of Fixed Microwave Licensees in the
2110-2150 and 2160-2200 MHz bands. Mandatory negotiations will commence
when the ET licensee informs the fixed microwave licensee in writing of
its desire to negotiate. \* \* \*

\* \* \* \* \*

\(3\) *Operating Costs.* Operating costs are the cost to operate and
maintain the FMS system. ET licensees would compensate FMS licensees for
any increased recurring costs associated with the replacement facilities
(*e.g.*, additional rental payments, and increased utility fees) for
five years after relocation. ET licensees could satisfy this obligation
by making a lump-sum payment based on present value using current
interest rates. \* \* \*

\* \* \* \* \*

4\. Section 101.75 is revised by amending paragraph (d) to read as
follows:

**[§ 101.75 Involuntary relocation procedures.]{.underline}**

\* \* \* \* \*

\(d\) *Twelve-month trial period*. If, within one year after the
relocation to new facilities, the FMS licensee demonstrates that the new
facilities are not comparable to the former facilities, the ET licensee
must remedy the defects or pay to relocate the microwave licensee to one
of the following: its former or equivalent 2 GHz channels, another
comparable frequency band, a land-line system, or any other facility
that satisfies the requirements specified in paragraph (b) of this
section. This trial period commences on the date that the FMS licensee
begins full operation of the replacement link. If the FMS licensee has
retained its 2 GHz authorization during the trial period, it must return
the license to the Commission at the end of the twelve months. FMS
licensees relocated from the 2110-2150 and 2160-2200 MHz bands may not
be returned to their former 2 GHz channels. All other remedies specified
in paragraph (d) are available to FMS licensees relocated from the
2110-2150 MHz and 2160-2200 MHz bands, and may be invoked whenever the
FMS licensee demonstrates that its replacement facility is not
comparable, subject to no time limit.

\* \* \* \* \*

5\. Section 101.99 is revised by amending paragraph (a) to read as
follows:

**[§ 101.99 Reimbursement and Relocation expenses in the 2110-2150 MHz
and 2160-2200 MHz bands.]{.underline}**

\(a\) Whenever an ET licensee (including Mobile-Satellite Service
licensees) in the 2110-2150 or 2160-2200 MHz bands relocates an
incumbent paired microwave link with one path in the 2110-2150 MHz band
and the paired path in the 2160-2200 MHz band, the ET licensee is
entitled to reimbursement of 50% of its relocation costs from any
subsequently entering ET licensee which would have been required to
relocate the same fixed microwave link.

**Appendix B: List of Commenting Parties**[^189]

**Commenters to the *Notice of Proposed Rule Making***

**[Comments (due February 22, 2001)]{.underline}:**

Ad Hoc MDS Alliance

Alan Dixon

American Association of School Administrators

American Association of Community Colleges

American Federation of Teachers

American Petroleum Institute

Arizona Board of Regents for Arizona State University

ArrayComm

Association of America's Public Television Stations

AT&T Wireless Services

Austin Community College

Baypoint TV

Black Hawk College

Blooston

Board of Regents of the University of Wisconsin System

Burlington County College

Canadian Wireless Telecommunications Association

Catawba Valley Community College

Catholic Television Network

CDMA Development Group

CelPlan Technologies

Central Dakota Telecommunications Consortium

Champion Industries

Cingular Wireless

Cisco Systems

Clearwire Technologies

Community Telecommunications Network

Cook Inlet Region

Council of the Great City Schools

CTIA

DCT Los Angeles

Digital Broadcast Corporation

Dutchess Community College

Education Community of the United States

Education Service Center Region 9

Ericsson

Eureka College

Halifax Community College

Henry County Board of Education

Illinois Institute of Technology

IPWireless

ITFS Spectrum Development Alliance

Jet Propulsion Laboratory, California Institute of Technology

Joint Comments of CTIA, TIA, and PCIA

K-12 Community

Lee County School District

LinkAir Communications

Lucent Technologies

MMDS Mankato

Motorola

National Academy of Science

National ITFS Association

National Telecommunications and Information Administration

Network for Instructional TV

Nokia

Nortel Networks

Northern Arizona University Foundation

Nucentrix Broadband Networks

Oklahoma States Regents for Higher Education

Orange Group

Personal Communications Industry Association

Petroleum Communications

Public Utility Commission of Texas

Qualcomm

Qwest Wireless

Radio Advisory Board of Canada

Rebekah E. Adams

Red Partnerships

Richardson Independent School District

The Rural Telecommunications Group

San Diego County Office of Education

San Diego County Superintendent of Schools

San Jose State University/William D. Nance

Siemens

SkyCable TV of Madison

Sprint Corporation

Software Defined Radio

South Carolina Educational Television Commission

Spectrumlink Networks

Superintendent of Huntsville City Schools

Tarrant County College

Telephone and Data Systems

Telecommunications Industry Association

Treacy Lau

University of Colorado

University of North Carolina

Verizon Wireless

Virginia Communications

VoiceStream Wireless Corporation

Wireless Communications Association International

Wireless One of North Carolina

WorldCom

Yuba Community College District

**[Reply Comments (due March 9, 2001)]{.underline}:**

Adams Telecom

ArrayComm

AT&T Wireless Services

Baypoint TV

Brown University

Catholic Television Network

Chilean Telecommunications Administration

Cingular Wireless

Cisco Systems

Clearwire Technologies

Council of the Great City Schools

CTIA

Education Community of the United States

Illinois Institute of Technology

Information Technology Industry Council

ITFS Spectrum Development Alliance

LinkAir Communications

Microband Corporation of America

Motorola

National ITFS Association

Network for Instructional TV

Nortel Networks

Nucentrix Broadband Networks

Orange Group

Qualcomm

Red Partnerships

Siemens

Spectrumlink Networks

Sprint Corporation

Telephone and Data Systems

The University of North Carolina

Verizon Wireless

VoiceStream Wireless Corporation

Wireless Communications Association International

Wireless One of North Carolina

WorldCom

**Commenters to the *Further Notice of***

***Proposed Rule Making***

**[Comments (due October 9, 2001)]{.underline}:**

21^st^ Century Telesis/Robert Hart

Ad Hoc MDS Alliance

American Petroleum Institute

APCO

ArrayComm

ARRL, The National Association for Amateur Radio

AT&T Wireless Services

Avaya

Aviatel Communications

Blackfoot Telephone Cooperative

Blooston

The Boeing Company

Bryan P. King

CTIA

Celsat America

Cingular Wireless

Constantine Fantanas

Constellation Communications Holdings

Ericsson

Globalstar

iBee Communications

Iridium Satellite

Lockheed Martin Corporation

Orange Group

Midstate Communications

Midvale Telephone Exchange

Mobile Satellite Users Association

Motorola

MSTV and NAB

NEC America

New ICO Global Communications

Nickolaus E. Leggett

Nokia

Nortel Networks

Nucentrix Broadband Networks

Panasonic

Paul Toth-NA4AR

Penasco Valley Telephone Cooperative

PHS MoU Group

The Progress & Freedom Foundation

Qualcomm

Quantum Communications

RNI Communications

The Rural Telecommunications Group

Satellite Industry Association

Siemens

Skycross

Society of Broadcast Engineers

Sprint Corporation

TDD Coalition

Telecom Consulting Associates

Telecommunications Industry Association-Satellite Communications
Division

Telecommunications Industry Association-Wireless Communications Division

Telephone and Data Systems

TMI Communications and Company, Limited Partnership

UTAM

UTStarcom

Verizon Wireless

Wireless Communications Association International

Wireless Information Networks Forum

WorldCom

**[Reply Comments (due November 5, 2001)]{.underline}:**

2 GHz Broadcast Group

Ad Hoc MDS Alliance

ArrayComm

ARRL, The National Association for Amateur Radio

Avaya

The Boeing Company

Blackfoot Telephone Cooperative, Midstate Communications, Midvale
Telephone Exchange, and Penasco Valley Telephone

CDMA Development Group

CTIA

Celsat America

Cingular Wireless

Constellation Communications Holdings

Cox Broadcasting and Cosmos Broadcasting Corporation

DCT Los Angeles

Globalstar

Meredith Corporation

Motorola

MSTV and NAB

National Telephone Cooperative Association

New ICO Global Communications

Nucentrix Broadband Networks

Orange Group

Public Safety Wireless Network

Siemens

Society of Broadcast Engineers

Space Enterprise Council

Sprint Corporation

TDD Coalition

Telephone and Data Systems

TMI Communications and Company, Limited Partnership

UTAM and Wireless Information Networks Forum

UTStarcom

VoiceStream Wireless Corporation

Wireless Communications Association International

WorldCom

**Commenters to the *2002 Viability Assessment***

**[Comments (due August 8, 2002)]{.underline}:**

Ad Hoc MDS Alliance

Aerospace and Flight Test Radio Coordinating Council

ArrayComm

Bell South Corporation, Nucentrix Broadband Networks, Inc., Sprint
Corporation, Worldcom, Inc., and Wireless Communications Association
International, Inc. (collectively, the "MDS Commenters")

Canadian Wireless Telecommunications Association

CTIA

Cingular Wireless

DCT Los Angeles

Ericsson

ICO Global Communications (Holdings) Ltd.

Maximum Service Television, Inc. and the National Association of
Broadcasters (collectively, "Joint Broadcasters")

Motorola

Nokia

Pinnacle West Capital Corporation

Radio Advisory Board of Canada

Siemens

Sirius Satellite Radio Inc. and XM Radio Inc. (collectively, the
"Satellite Radio Licensees")

Telecommunications Industry Association

Verizon Wireless

**APPENDIX C: final Regulatory Flexibility Analysis**

As required by the Regulatory Flexibility Act (RFA)[^190] an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the *Notice
of Proposed Rulemaking and Order (Notice)*,[^191] as well as the
*Memorandum Opinion and Order and Further Notice of Proposed Rule
Making* (*Further Notice*).[^192] The Commission sought written public
comments on the proposals in the *Notice* and *Further Notice*,
including comment on each IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.[^193]

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

The goal of the *Second Report and Order (Second R&O)* is to promote the
provision of advanced wireless services (AWS) to the public, which in
turn supports our obligations under Section 706 of the 1996
Telecommunication Act[^194] and, more generally, serves the public
interest by promoting rapid and efficient radio communication
facilities.

The *Second R&O* discusses the need for spectrum allocations of
sufficient size and with particular characteristics so as to allow for
the provision of AWS, and evaluates spectrum that could be allocated to
support these services. Specifically, the *Second R&O* allocates
spectrum that is suitable for advanced services in the 1710-1755 MHz,
2110-2150 MHz, and 2150-2155 MHz bands.

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

There were no comments filed that specifically addressed the rules and
policies proposed in the IRFA.

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

The RFA directs agencies to provide a description of, and, where
feasible, an estimate of, the number of small entities that may be
affected by the rules adopted herein.[^195] The RFA generally defines
the term "small entity" as having the same meaning as the terms "small
business," "small organization," and "small governmental
jurisdiction."[^196] In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act.[^197] 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).[^198]

A small organization is generally "any not-for-profit enterprise which
is independently owned and operated ad is not dominant in its
field."[^199] Nationwide, as of 1992, there were approximately 275,801
small organizations.[^200] "Small governmental jurisdiction" generally
means "governments of cities, counties, towns, townships, villages,
school districts, or special districts, with a population of less than
50,000."[^201] As of 1992, there were approximately 85,006 governmental
entities in the United States.[^202] This number includes 38,978
counties, cities, and towns; of these, 37,566, or 96%, have populations
of fewer then 50,000.[^203] The Census Bureau estimates that this ratio
is approximately accurate for all governmental entities. Thus, of the
85,006 governmental entities, we estimate that 81,600 (96%) are small
entities.

[Fixed Microwave Services]{.underline}. Microwave services include
common carrier,[^204] private‑operational fixed,[^205] and broadcast
auxiliary radio services.[^206] At present, there are approximately
22,015 common carrier fixed licensees and 61,670 private
operational‑fixed licensees and broadcast auxiliary radio licensees in
the microwave services. The Commission has not yet defined a small
business with respect to microwave services. For purposes of this FRFA,
we will use the SBA's definition applicable to wireless and other
telecommunications companies -- *i.e.*, an entity with no more than
1,500 persons.[^207] According to Census Bureau data for 1997, there
were 977 firms in this category, total, that operated for the entire
year.[^208] Of this total, 965 firms had employment of 999 or fewer
employees, and an additional 12 firms had employment of 1,000 employees
or more.[^209] Thus, under this size standard, the great majority of
firms can be considered small.

We note that the number of firms does not necessarily track the number
of licensees. We estimate that all of the Fixed Microwave licensees
(excluding broadcast auxiliary licensees) would qualify as small
entities under the SBA definition. Of these licenses, approximately
8,210 are issued for frequencies in the *Emerging Technologies* bands
affected by this proceeding. In addition, these bands contain
approximately 70 licenses in the paging and radiotelephone service and
the general aviation and air-ground radio telephone services. Thus,
assuming that these entities also qualify as small businesses, as many
as 8,280 small business licensees could be affected by the rules we
adopt. We note that these entities have been subject to relocation under
rules originally adopted ten years ago in the Commission's *Emerging
Technologies* proceeding. The *Second Report and Order* anticipates that
these general relocation rules will continue to apply to FS microwave
licensees and does not modify the class of licensees that are subject to
these relocation provisions.

[Multipoint Distribution Service (MDS)]{.underline}. This service has
historically provided primarily point-to-multipoint, one-way video
services to subscribers, and Local Multipoint Distribution Service
(LMDS).[^210] The Commission recently amended its rules to allow MDS
licensees to provide a wide range of high-speed, two-way services to a
variety of users.[^211] In connection with the 1996 MDS auction, the
Commission defined small businesses as entities that had annual average
gross revenues for the three preceding years not in excess of \$40
million.[^212] The Commission established this small business definition
in the context of this particular service and with the approval of the
SBA.[^213] The MDS auction resulted in 67 successful bidders obtaining
licensing opportunities for 493 Basic Trading Areas (BTAs).[^214] Of the
67 auction winners, 61 met the definition of a small business. At this
time, we estimate that of the 61 small business MDS auction winners, 48
remain small business licensees. In addition to the 48 small businesses
that hold BTA authorizations, there are approximately 392 incumbent MDS
licensees that are considered small entities.[^215] After adding the
number of small business auction licensees to the number of incumbent
licensees not already counted, we find that there are currently
approximately 440 MDS licensees that are defined as small businesses
under either the SBA or the Commission's rules. Because the Commission's
action only affects MDS operations in the 2150-2155 MHz band, the actual
number of MDS providers who will be affected by the *Second Report and
Order* will only represent a small fraction of those 440 small business
licensees.

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

The *Second R&O* addresses the possible use of frequency bands below 3
GHz to support the introduction of new AWS, but does not propose service
rules. Thus, the item contains no new reporting, recordkeeping, or other
compliance requirements. Because the item does not establish procedures
for the relocation of MDS incumbents from the 2150-2155 MHz band, there
are no new compliance requirements for MDS at this time.

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

The RFA requires an agency to describe any significant alternatives that
it has considered in developing its approach, which may include the
following four alternatives (among others): "(1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities."[^216]

Providing spectrum to support the introduction of new advanced mobile
and fixed terrestrial wireless services is critical to the continuation
of technological advancement. First and foremost, the Commission
believes that our proposal to explore the possible use of several
frequency bands that could offer a wide range of voice, data, and
broadband services over a variety of mobile and fixed networks may
provide substantial new opportunities for small entities.

However, we realize that some entities must be displaced to clear a
sufficient quantity of contiguous spectrum to support new services. We
endeavored to avoid this effect by identifying unencumbered spectrum,
but spectrum in the suitable frequency range is heavily used already and
a sufficient amount of unencumbered spectrum simply does not exist. We
have therefore sought to minimize an adverse impact by proposing to
reallocate frequency bands for those incumbents, including small
entities, which might be accommodated in other spectrum and could be
relocated more easily. The spectrum we allocate in the 1710-1755 MHz
band is currently used for Federal Government services, and therefore
there are no non-Federal Government incumbent small entities that will
be displaced by the reallocation of this band. Similarly, as noted in
paragraph 28, the 2110-2150 MHz band was previously identified as an
Emerging Technology band, and relocation procedures already exist for
incumbents in this band. These existing procedures (as modified in the
*Second R&O*) should serve to ease the relocation of small entity
incumbents in the 2110-2150 MHz band, and make reallocation of this band
preferable to the reallocation of other bands where we would have to
establish new relocation rules.

Finally, the Commission has already received extensive comments in this
proceeding on issues related to the possible reallocation of the
2150-2160 MHz (2.1 GHz) spectrum for advanced wireless purposes.
Comments filed by the multipoint distribution/instructional television
fixed services industry and several equipment manufacturers argue that
the 2.1 GHz band is necessary for the continued roll-out of fixed
wireless services across the country. Other commenters support the use
of 2.1 GHz for advanced wireless services. Although many commenters ask
that we reallocate a large contiguous spectrum block to include the
entire 2150-2160 MHz band, we instead decide to reallocate 5 megahertz
in the 2150-2160 MHz band as part of a 45 megahertz block of contiguous
spectrum that can be used to provide advanced services. By doing so, we
satisfy the need to designate a large block of contiguous spectrum that
can be paired in order to allow for the deployment of advanced services
(and thus, serve the goals of this proceeding). However, by allocating 5
megahertz of existing MDS spectrum, we retain greater flexibility to
accommodate small entities that are MDS licensees than had we
redesignated the entire 2.1 GHz MDS spectrum. For example, paragraph 39
notes that we retain the option to realign MDS spectrum to a 10
megahertz block in the 2155-2165 MHz band. Had we reallocated the entire
2.1 GHz MDS spectrum, as some commenters had suggested, this option
would not have been available.

**Report to Congress:**

The Commission will send a copy of the Second Report and Order including
this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act.[^217] In addition, the Commission will send a
copy of the Second Report and Order, including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A copy of the Second Report and Order
and FRFA (or summaries thereof) will also be published in the Federal
Register.[^218]

**APPENDIX D: ANALYSIS OF INTERFERENCE IMPACT ON GOLDSTONE, CA**

**DEEP SPACE NETWORK FACILITY**

Given the concern expressed by the commenters, staff from the
Commission's Office of Engineering and Technology conducted an analysis
of the possible impact of the Goldstone, California Deep Space Network
("DSN") Facility. This facility is operated by NASA and is an
international network of antennas that supports interplanetary
spacecraft missions and radio and radar astronomy observations for the
exploration of the solar system and the universe. The DSN provides the
two-way communications link that guides and controls these
interplanetary missions, and brings back the images and new scientific
information they collect. The Goldstone DSN facility has a 70-meter and
a 34 meter steerable, high-gain, parabolic reflector antennas. [^219]
The DSN 70-meter antenna has a mainbeam gain of 62.7 dBi and can be
connected to either a 20 kW or a 400 KW transmitter. The 400kW power
level is generally used under emergency conditions, which are expected
to be rare. The 34-meter antenna has a gain of 55 dBi. However, since
the 70-meter dish is the worst case, our results consider primarily the
400 kW transmitter with the 70-meter antenna. Both of these dishes have
minimum elevation angels of 10 degrees from horizontal.[^220]

We input these parameters, the antenna pattern of the 70-meter antenna,
and the latitude and longitude of the antenna facility into a software
package called RFCAD.[^221] RFCAD uses the Longley-Rice propagation
model to produce propagation studies and displays the results over
topographic maps for to show predicted signal strengths. We selected a
confidence level of 99% for 99% of the locations and 99% of the levels
to ensure the most accurate results possible. We also assumed that the
antenna could be pointing in any direction in azimuth and above 10
degrees in elevation. We rotated the 70-meter antenna 360 degrees in
azimuth to get a composite plot of the power levels in all azimuths.

The analysis showed that for the 70-meter DSN antenna using the 400 kW
transmitter, power levels that could cause 3G handset receiver burn-out
are limited to within about 15 kilometers of the DSN transmitter. This
area is almost entirely within the bounds of Ft Irwin and the Naval
Weapons Center. In the remaining directions where there is significant
terrain blockage, power levels above ‑94 dBm[^222] in the main beam are
limited to about 45 km away from the antenna.[^223] However, power
levels in the mainbeam greater than -110 dBm[^224] can be expected up to
approximately 150 km away from the antenna on the highest terrain in the
southwest direction where there is little terrain blockage.[^225] These
peaks are typically located away from populated areas and roads. The
only large road found to the southwest of Goldstone is California Route
58. Based upon computations using RFCAD software, the maximum power that
a vehicle traveling on this road is likely to see is -94 dBm. Since the
highway is 66 kilometers away, the width of this -94 dBm "spot" on
Highway 58 is 161 meters wide. A car traveling at 100 kilometers per
hour (60 miles per hour) would transit this area in about 6 seconds.
However, the road would only "see" these levels if the Goldstone antenna
were pointing between 190 and 200 degrees from North.[^226] The 20 kW
transmitter also generates power levels above -110 dBm within 150 km of
the antenna in the mainbeam in the southwesterly direction, but the
maximum power levels are about 8 dB lower than with the 400 kW
transmitter and affect a much smaller segment of Route 58. Outside of
the southwesterly direction, power levels above ‑94 dBm are contained
within a circle centered at the transmitter with a radius of
approximately 35 km.

**STATEMENT OF CHAIRMAN MICHAEL K. POWELL**

Re: *Amendment of Part 2 of the Commission's Rules to Allocate Spectrum
Below 3 GHz for Mobile and Fixed Services to Support the Introduction of
New Advanced Wireless Services, including Third Generation Wireless
Systems* (adopted November 7, 2002).

Re: *Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1
GHz Bands* (adopted November 7, 2002).

I previously identified new revenue sources and new services as among
the key steps to recovery in the telecommunications sector. By our
action today, we will make available spectrum resources that carriers
and the consuming public demand -- a major step in creating an
environment hospitable to the introduction of new and innovative
products and services. Access to new spectrum is not a cure for today's
financially ailing wireless industry, but it is a key pre-condition to
the long term health of the industry.

Today's decisions on the allocation and proposed service rules lay the
groundwork for future innovation. We have allocated a significant slice
of spectrum -- two, contiguous 45 MHz blocks capable of being paired.
Moreover, we have proposed few limitations on its use. Our service rules
*NPRM* proposes affording future licensees the maximum possible
flexibility in deciding how to put this resource into service for the
public benefit. Within this framework, service providers can be expected
to move spectrum quickly to its highest and best use.

We have not acted alone in taking this significant step toward making
advanced wireless services a reality. Throughout this proceeding, the
Commission has coordinated closely with NTIA, particularly since the
release of its *3G Viability Study* this summer. I am grateful for
Assistant Secretary Victory's leadership and support, and look forward
to working with NTIA in carrying this process forward.

STATEMENT OF COMMISSIONER MICHAEL J. COPPS

*RE: In the Matter of Amendment of Part 2 of the Commission's Rules to
Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to Support
the Introduction of New Advanced Wireless Services, Including Third
Generation Wireless Systems (Second Report and Order).*

> *In the Matter of Service Rules for Advanced Wireless Services in the
> 1.7 GHz and 2.1 GHz Bands (NPRM).*

I commend the Commission for moving forward with these critical
proceedings. 3G has been a hot issue since I arrived at the Commission,
and before, I'm certain. Like my colleagues, I am very excited about
what the future holds for wireless technologies in these frequencies.

This Commission has, of course, a large and important role in promoting
innovative and efficient uses of the American people's spectrum. It is
our responsibility in allocating spectrum and setting service rules to
place the highest value on what new uses of spectrum will mean to
consumers. I mention this because I hope that no one will think the FCC
can magically make the current woes of the wireless industry go away by
merely allocating new spectrum. Life is not that simple! More
importantly, we should always keep in mind that our job is to create a
landscape where Americans can know that the spectrum that they have
entrusted to us is used in their best interest, and that the endgame
here goes beyond business interests to serve the public interest. If we
do our job right here, I believe it will be a win-win for everyone.

I also hope that we will study the European experience with 3G very
carefully. Various European countries moved ahead with 3G allocations
before we did. Many of these countries allocated large amounts of
spectrum to 3G. Despite that, 3G has been less than a success in Europe.
What role did government allocations and service rules play? What other
factors were at work? We need to know. Those who don't study history are
condemned to repeat it.

But all that comes in the future. Today, the Commission has done the
right thing, and has started the ball rolling on making spectrum
available for exciting new technologies. I know that the negotiations
over 3G spectrum were tough, and that the wireless industry was under
some heavy pressures regarding things it may have wanted, and I hope
those negotiations ended with the right result. We'll see.

What I can't wait to see is what all the amazing innovators in the
communications industry come up with for these frequencies. From
cellular to PCS to satellite to Wi-Fi, they have consistently brought us
exciting new technologies that pushed the envelope. We will have done
our job well if our actions today result in more such advances.

Thank you.

**CONSOLIDATED SEPARATE STATEMENT OF\
COMMISSIONER KEVIN J. MARTIN**

*Re: Amendment of Part 2 of the Commission's Rules To Allocate Spectrum
Below 3 GHz for Mobile and Fixed Services To Support the Introduction of
New Advanced Wireless Services, including Third Generation Wireless
Services*, Second Report and Order, ET Docket No. 00-258;

*Service Rules for Advanced Wireless Services in the 1.7 and 2.1 GHz
Bands*, Notice of Proposed Rulemaking, WT Docket No. 02-353

I am pleased to support these items, which allocate spectrum and seek
comment on service rules for advanced wireless services in the 1.7 GHz
and 2.1 GHz bands. These items provide two 45 MHz blocks of contiguous
spectrum which, we propose, can be used for a range of advanced wireless
services. While the wireless industry is already on the forefront in
offering innovative new services, advances in technology are developing
that will provide consumers exciting new applications such as truly
high-speed Internet access on their mobile phones and the ability to use
their mobile phones as cameras, sending digital pictures to other phones
or computers at the touch of a button. A crucial ingredient to these
services, however, is sufficient spectrum. These items provide some of
that spectrum, making available a significant amount of spectrum that
can be used for services such as expanded voice, data, and broadband
applications provided over high-speed fixed and mobile networks --
applications often called "third generation" ("3G") or, internationally,
"International Mobile Telecommunications-2000" ("IMT-2000"). These items
should thus lead to substantial consumer benefits, as new and better
quality services develop in the 1.7 GHz and 2.1 GHz bands.

I commend all of the different parts of government for working together
to make this happen. In particular, the National Telecommunications and
Information Administration deserves praise for spearheading this effort.
NTIA, working with the Department of Defense, the State Department, the
Office of Management and Budget, and the FCC's staff, developed a plan
that serves as the blueprint for making this spectrum available. They
accomplished a major step in ensuring that new and innovative wireless
services will be available to American consumers.

These items also mark an important move toward a more predictable
spectrum policy at the FCC. In the past, spectrum decisions have often
been made ad hoc, leading to short bursts of spectrum being made
available in response to specific exigencies. These items, in contrast,
are part of a longer-range plan, in which we will make a significant
amount of spectrum available over a period of several years. Spectrum
users thus should have the certainty to develop business plans in
advance of critical needs. They can be assured that when spectrum is
needed it will be there.

These items are a step in the right direction, and I look forward to
continuing our efforts to provide new and better services to consumers
and certainty and predictability to the spectrum community.

[^1]: The "3G" nomenclature is based on the popular view that analog
    cellular systems represent the first generation of advanced wireless
    devices, that digital cellular and broadband Personal Communications
    Service systems represent the second, and that the next deployment
    of wireless technologies (which we include in the collective term
    "AWS") represents the third generation.

[^2]: MDS channels in the 2500-2690 MHz band are identified as the
    Multichannel Multipoint Distribution Service (MMDS). 47 C.F.R. §
    21.2. We use the single term "MDS" in reference to both MDS and MMDS
    operations.

[^3]: Amendment of Part 2 of the Commission's Rules to Allocate Spectrum
    Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, Including Third
    Generation Wireless Systems, ET Docket No. 00-258, *Notice of
    Proposed Rulemaking and Order*, 16 FCC Rcd 596 (2001) (*Notice*).
    The *Notice* also addressed a petition for rulemaking filed by the
    Cellular Telecommunications Industry Association (now known as the
    Cellular Telecommunication and Internet Association) in July 2000
    requesting that the Commission begin the process of designating
    additional spectrum for AWS. *See Notice*, 16 FCC Rcd at 600, ¶ 9.
    We incorporated comments filed in response to the CTIA Rulemaking
    Petition into this proceeding. *Id.*, 16 FCC Rcd at 601, ¶ 10.

[^4]: *See Provisional Final Acts of the World Radiocommunication
    Conference* (*Istanbul, WRC-2000*). ITU identified the 806-960 MHz,
    1710-1885 MHz, and 2500-2690 MHz bands for possible terrestrial use
    for IMT-2000 systems and recognized that some administrations will
    use the 698-806 MHz for these purposes. The ITU recognized that
    jurisdictions will need to protect existing services operating in
    the spectrum, that not all bands will be allocated for advanced
    wireless systems in all jurisdictions, and that advanced services
    will not have priority over other allocated services.

[^5]: Amendment of Part 2 of the Commission's Rules to Allocate Spectrum
    Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems, ET Docket No. 00-258, ET Docket No.
    95-18, and IB Docket No. 99-81, *Memorandum Opinion and Order and
    Further Notice of Proposed Rule Making*, 16 FCC Rcd 16043 (2001)
    (*Further Notice*).

[^6]: *Notice*, 16 FCC Rcd at 610-13, §§ 34-38.

[^7]: These standards are intended to maximize the commonality of radio
    interfaces and provide a transition path to advanced systems from
    existing technologies. Resolution 223 of the World
    Radiocommunication Conference states that up to 160 megahertz of
    additional spectrum will be in all three ITU regions, including
    Region 2, which includes the United States. See *Notice* 16 FCC Rcd
    at 598-99, ¶¶ 3-4 for additional background.

[^8]: *See* Memorandum For the Heads of Executive Departments and
    Agencies, Subject: Advanced Mobile Communications/ Third Generation
    Wireless Systems, October 13, 2000. (Presidential Memorandum)
    (available at <http://www.ntia.doc.gov/ntiahome/threeg/3gmemo.htm>).

[^9]: U.S. Department of Commerce, National Telecommunications and
    Information Administration, "Plan to Select Spectrum for Third
    Generation (3G) Wireless Systems in the United States," rel. Oct.
    20, 2000, revised Jan. 22, 2001 (available at
    <http://www.ntia.doc.gov/ntiahome/threeg/3g_plan14.htm>).

[^10]: U.S. Department of Commerce, National Telecommunications and
    Information Administration, "The Potential for Accommodating Third
    Generation Mobile Systems in the 1710-1850 MHz Band: Federal
    Operations, Relocation Costs, and Operational Impacts," *Final
    Report*, rel. March 30, 2001 (*NTIA* *Final Report*). NTIA had
    issued a preliminary report on Nov. 15, 2000.

[^11]: *See* FCC Staff Report Issued by the Office of Engineering and
    Technology, Mass Media Bureau, Wireless Telecommunications Bureau,
    and International Bureau: "Spectrum Study of the 2500-2690 MHz Band:
    The Potential for Accommodating Third Generation Mobile Systems"
    *Final Report*, ET Docket No. 00-232, 16 FCC Rcd 10272 (2001) (*FCC
    Final Report*). *See also Interim Report*, 15 FCC Rcd 22310 (2000).

[^12]: U.S. Department of Commerce, National Telecommunications and
    Information Administration, "An Assessment of the Viability of
    Accommodating Advanced Mobile Wireless (3G) Systems in the 1710-1770
    MHz and 2110-2170 MHz Bands," *Report*, rel. July 22, 2002 (*2002
    Viability Assessment*) (incorporated into the docket of this
    proceeding and available from NTIA at
    <http://www.ntia.doc.gov/ntiahome/threeg/va7222002/3Gva072202web.htm>).

[^13]: *Id.* at 23.

[^14]: *Id.* at 2.

[^15]: *See* "FCC seeks comment on the National Telecommunications and
    Information Administration's Report 'An Assessment of the Viability
    of Accommodating Advanced Mobile Wireless (3G) Systems in the
    1710-1770 MHz and 2110-2170 MHz Bands,'" *Public Notice*, 17 FCC Rcd
    14390 (2002).

[^16]: Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems, ET Docket 00-258, *First Report and
    Order and Memorandum Opinion and Order*, 16 FCC Rcd 17222 (2001)
    (*First R&O*).

[^17]: *Id*. This decision was consistent with findings in the *FCC
    Final Report.*

[^18]: *Id.* The Commission also affirmed its prior determination not to
    reallocate a portion of the 2.5 GHz band to MSS*. Id.*, 16 FCC Rcd
    at 17241, ¶¶ 35-36.

[^19]: For example, within this docket, we have asked for comment on two
    petitions for rulemaking to expand UPCS use of the 1910-1930 MHz
    band. The Wireless Communications Association International (WCA)
    suggests that in the event the Commission deems relocation of MDS
    from the 2150-2160 MHz band is necessary, an acceptable compromise
    would be to relocate MDS Channels 1 and 2/2A to the 1910-1916 MHz
    (now UPCS use) and the 1990-1996 MHz (allocated for MSS use) bands.
    *See* Letter from WCA, *et. al.*, to FCC Chairman Powell, July 11,
    2002, in ET Docket 00-258, concerning "Compromise Solution for
    Relocating MDS from 2150-2162 MHz." (*WCA Letter*) (This letter was
    sent jointly by WCA, Bellsouth, Nucentrix, Sprint, and Worldcom. WCA
    is the trade association of the MDS industry. The other parties hold
    the majority of licenses in the 2150-2160 MHz band.) We note that
    the 1910-1916 MHz UPCS band and the 1990-1996 MHz MSS band that the
    MDS parties have identified as relocation spectrum is the same
    spectrum (1910-1915 MHz/1990-1995 MHz) that Nextel has asked for in
    a spectrum swap where it would relinquish spectrum at 800 MHz and
    900 MHz to provide a more interference-free environment for public
    safety licensees. *See* Nextel *ex parte* filing in WT Docket
    00-258, Aug. 9, 2002. Satellite entities have also requested
    permission to operate an ancillary terrestrial component in
    conjunction with their mobile satellite operations in the 1990-2025
    MHz and 2165-2200 MHz bands. The Commission issued a *Notice of
    Proposed Rule Making* seeking comments on providing this flexibility
    to the MSS band. *See* In the Matter of Flexibility for Delivery of
    Communications by Mobile Satellite Service Providers in the 2 GHz
    Band, the L-Band, and the 1.6/2.4 GHz Band, IB Docket No. 01-185,
    *Notice of Proposed Rule Making*, 16 FCC Rcd. 15532 (2001).

[^20]: Pub. L. No. 103-66, 107 Stat. 312 (1993). In OBRA-93, the
    Congress directed the Secretary of Commerce to identify at least 200
    megahertz of Federal Government primary spectrum below 5 GHz that is
    not required for the Federal Government's present or identifiable
    future needs for transfer to non-Federal Government services. *Id*.
    at § 6001(a).

[^21]: Pub. L. No. 105-33, 111 Stat. 251 (1997).

[^22]: *Id*. at, § 3002(d). The BBA-97 relocation model is similar to
    the Commission's relocation policy for emerging technology services,
    such as the relocation procedures associated with deployment of
    Broadband PCS. *See generally*, Redevelopment of Spectrum to
    Encourage the Establishment of Services Using New and Innovative
    Technologies, ET Docket No. 92-9, *First Report and Order and Third
    Notice of Proposed Rule Making*, 7 FCC Rcd 6886 (1992); *Second
    Report and Order*, 8 FCC Rcd 6495 (1993); *Third Report and Order
    and Memorandum Opinion and Order*, 8 FCC Rcd 6589 (1993);
    *Memorandum Opinion and Order*, 9 FCC Rcd 1943 (1994)*; Second
    Memorandum Opinion and Order*, 9 FCC Rcd 7797 (1994), *aff\'d*,
    Association of Public Safety Communications Officials-International,
    Inc. v. FCC, 76 F.3d 395 (D.C. Cir. 1996) (collectively, "*Emerging
    Technologies* proceeding").

[^23]: Pub. L. No. 105-261, 112 Stat. 1920 (1998).

[^24]: NDAA-99 at § 1064(c)(3) (codified at 47 U.S.C. § 923(g)(1)(B)).
    Such compensation may take the form of a cash payment or in-kind
    compensation. *Id. See also* National Defense Authorization Act for
    Fiscal Year 2000, Pub. L. No. 106-65, 113 Stat. 512 (1999) (making
    additional modifications to the relocation procedures for Federal
    Government transfer spectrum).

[^25]: NDAA-99 required NTIA to establish these relocation reimbursement
    rules. *Id.* (codified at 47 U.S.C. § 923(g)(1)(A)). NTIA adopted
    these rules in 2002 and codified them at 47 C.F.R. §§ 301.1-301.150.
    U.S. Department of Commerce, National Telecommunications and
    Information Administration, Mandatory Reimbursement Rules for
    Frequency Band or Geographic Relocation of Federal
    Spectrum-Dependent Systems, *Final Rule*, 67 Fed. Reg. 41182-01
    (June 17, 2002) (*NTIA Relocation Rules*). The rules require, *inter
    alia*, the identification of (i) a comparable facility to which the
    Federal user can relocate and (ii) the costs that will be incurred
    by a Federal entity to achieve comparable capability for its
    relocated systems, and establish negotiation and dispute resolution
    procedures.

[^26]: *See* 47 C.F.R. § 301.140(a) (outlining the conditions that must
    be met before NTIA limits or terminates a Federal user's authority).
    We note that the *2002 Viability Assessment* offers a procedure that
    may substantially reduce federal incumbencies in the 1710-1755 MHz
    band, but that some federal systems will continue to remain in use
    on a primary basis for an indefinite period.

[^27]: *See Notice*, 16 FCC Rcd at 614, ¶ 43. *See also* U.S. Department
    of Commerce, National Telecommunications and Information
    Administration, "Commerce Department Asks Congress to Create
    Spectrum Relocation Fund for Federal Agencies Whose Spectrum is
    Reallocated to Commercial Use," NTIA Press Release, rel. July 23,
    2002 (available at
    <http://www.ntia.doc.gov/ntiahome/press/2002/relocationfund7242002.htm>).
    The proposed legislation is available on the NTIA Web site at:
    <http://www.ntia.doc.gov/ntiahome/congress/2002/legistransmittal7232002.htm>.
    *See also* CTIA Comments to the *2002 Viability Assessment* at 3
    (supporting these efforts).

[^28]: Nokia Comments to the CTIA Rulemaking Petition at 2; Universal
    Wireless Communications Corporation (UWCC) Comments to the CTIA
    Rulemaking Petition at 3; Personal Communications Industry
    Association (PCIA) Comments to the *Notice* at 5.

[^29]: *See, e.g.,* UWCC Comments to the CTIA Rulemaking Petition at 3.

[^30]: Siemens Comments to the *Notice* at 8.

[^31]: *See, e.g*, Cingular Wireless Comments to the *Notice* at 3-4.

[^32]: Radio Advisory Board of Canada Comments to the *Notice* at 4;
    Orange Group Comments to the *Notice* at 1. *See also* Qualcomm
    Comments to the *Notice* at 3 (predicting that consumer acceptance
    will be high due to current widespread internet use); Verizon
    Wireless Reply Comments to the *Notice* at 7 (predicting that mobile
    data -- which it claims represented 2 percent of traffic at the time
    it filed its comments -- will grow at a rate of 25-30 percent and
    will result in more than 100 million wireless data customers by
    2007).

[^33]: LinkAir Reply Comments to the *Notice* at 8.

[^34]: Sprint Comments to the *Notice* at 37. Sprint launched its
    3G-style "Vision PCS" services across its national network in late
    August 2002. *See also* Harold Nadel Comments to the *Further
    Notice* at 1.

[^35]: *See, e.g.,* AT&T Wireless Services (AT&T Wireless) Comments to
    the *Notice* at 10; *See also* Qualcomm Reply Comments to the
    *Notice* at 4.

[^36]: *See, e.g.*, Cingular Wireless Comments to the *Notice* at 4.
    *But see* Spectrumlink Networks Comments to the *Notice* at 15
    (claiming that that the uncertain wireless marketplace makes
    determining AWS spectrum needs a "very uncertain science"). Many
    commenters reiterate their support in pleadings filed in response to
    the *2002 Viability Assessment*. *See, e.g.*, Telecommunications
    Industry Association (TIA) Comments to the *2002 Viability
    Assessment* at 2-3; Ericsson Comments to the *2002 Viability
    Assessment* at 4.

[^37]: *See* Resolution 223 of the *Final Acts of the World
    Radiocommunication Conference* (*Istanbul, WRC-2000*)*.*

[^38]: Nucentrix Broadband Networks Reply Comments to the *Notice* at
    7-8 (labeling commenters' support of 160 MHz as "suspect" because of
    a "growing consensus" that consumer demand for advanced services may
    have been grossly overstated); Celsat America (Celsat) Reply
    Comments to the *Further Notice* at 5-6 (stating that 3G networks
    have been slow to roll out worldwide and many carriers have
    encountered numerous problems to date). *See also* DoCoMo to cut
    i-mode service rate, Reuters, Aug. 20, 2002 (noting that DoCoMo's 3G
    subscriber levels in Japan are substantially behind projections, and
    the carrier is expected reduce its projections).

[^39]: *See* Educational Community of the United States Reply Comments
    to the *Notice* at 7.

[^40]: *See* Reallocation of Television Channels 60-69, The 746-806 MHz
    Band, *Report and Order*, ET Docket No. 97-157, 12 FCC Rcd 22953
    (1998); *See also* Reallocation and Service Rules for the 698-746
    MHz Spectrum Band (Television Channels 52-59), *Report and Order*,
    GN Docket No 01-74, 17 FCC Rcd 1022 (2002).

[^41]: *First R&O*, 16 FCC Rcd at 17223, ¶ 2.

[^42]: Information Technology Industry Council Reply Comments to the
    *Notice* at 2.

[^43]: Telephone and Data Systems Comments to the *Further Notice* at
    4-5; *See also* Motorola Comments to the *Further Notice* at 2
    (citing a prediction that AWS will generate \$38-47 billion in
    additional service revenues per year).

[^44]: TIA Reply Comments to the CTIA Rulemaking Petition at 2.

[^45]: *See* Implementation of Section 6002(b) of the Omnibus Budget
    Reconciliation Act of 1993 \[and\] Annual Report and Analysis of
    Competitive Market Conditions With Respect to Commercial Mobile
    Services*, Seventh Report*, 17 FCC Rcd 12985, 13038 n.367 & 13052
    (*Seventh Competition Report*) (estimating the number of mobile
    Internet users at the end of 2001 at 8 to 10 million, up from 2 to
    2.5 million at the end of 2000 and finding that an increasing number
    of mobile devices offered voice and data service).

[^46]: For example, The "FOMA" service offered by NTT DoCoMo in Japan
    provides high-speed 3G data transmission capabilities. *See* "i-mode
    and the 3G network" *NTT DoCoMo*,
    [www.nttdocomo.com/top.html](http://www.nttdocomo.com/top.html)
    (visited Nov. 6, 2002).

[^47]: We note that some commenters question how strongly we should draw
    conclusions about mobile data service usage based on the experiences
    of other countries, but conclude that, due to overall record data
    growth both domestically and world-wide, there is a demonstrated
    need for additional spectrum to support AWS. *See* Nucentrix
    Broadband Networks Reply Comments to the *Notice* at 10 (claiming
    that European wireline and internet access costs are higher than
    U.S. costs, which may drive greater wireless data use in Europe);
    National ITFS Association Comments to the *Notice* at 19 (claiming
    that because Americans spend far less time on public and mass
    transit, U.S. mobile data usage will trail that of Europe).

[^48]: *See generally* 47 U.S.C. §§ 157 & 303(g); *Emerging Technologies
    First Report and Order and Third Notice of Proposed Rule Making*, 7
    FCC Rcd 6886 (1992) (finding that the allocation of spectrum that
    can be used for new services encourages the larger and more
    effective use of radio in the public interest).

[^49]: *See* Written Statement of Michael K. Powell, Chairman, Federal
    Communications Commission, on *Financial Turmoil in the
    Telecommunications Marketplace: Maintaining the Operations of
    Essential Communications*, before the Committee on Commerce,
    Science, and Transportation, United States Senate (July 30, 2002).

[^50]: *See* Implementation of Section 6002(b) of the Omnibus Budget
    Reconciliation Act of 1993 \[and\] Annual Report and Analysis of
    Competitive Market Conditions With Respect to Commercial Mobile
    Services, *Sixth Report*, 16 FCC Rcd 13350, 13397-402 (*Sixth
    Competition Report*) (examining this difference between the U.S. and
    European licensing approach as part of an overall discussion of
    AWS/3G developments).

[^51]: *See supra* n.4 (listing the frequencies bands the ITU has
    identified as suitable for IMT-2000).

[^52]: *Notice*, 16 FCC Rcd at 607, ¶ 24. Roaming, generally, is the
    ability to use a single wireless unit in a place distant from a
    user's "home" network.

[^53]: AT&T Wireless Comments to the *Notice* at 2; AT&T Wireless Reply
    Comments to the *Notice* at 3; CTIA Reply Comments to CTIA
    Rulemaking Petition at 1; Chilean Telecommunications Administration
    Reply Comments to the *Notice* at 2; UWCC Comments to the *Notice*
    at 2. *See also* Orange Group Comments to the *Notice* at 1
    (claiming that roaming is a vital selling point regardless of
    whether consumers actually use the service).

[^54]: Radio Advisory Board of Canada Comments to the *Notice* at 2;
    Canadian Wireless Telecommunications Association Comments to the
    *Notice* at 4; Nucentrix Broadband Networks Reply Comments to the
    *Notice* at 12. *See also* Chilean Telecommunications Administration
    Reply Comments to the *Notice* at 2; National ITFS Association
    Comments to the *Notice* at 24; Nortel Comments to the *Notice* at
    10.

[^55]: WorldCom Reply Comments to the CTIA Rulemaking Petition at 10.

[^56]: Sprint Comments to the *Notice* at 33; WorldCom Reply Comments to
    the CTIA Rulemaking Petition at 8-9.

[^57]: Lockheed Martin Corporation Comments to the *Further Notice* at
    4; Nucentrix Broadband Networks Reply Comments to the *Notice* at
    11. *But see* Radio Advisory Board of Canada Comments to the
    *Notice* at 6 (claiming that people like to roam, and that roaming
    usage would be higher if the service were more readily available).
    Multi-band phones operate across different spectrum bands;
    multi-mode phones operate on different network technologies. *See*
    Qualcomm Comments to the *Notice* at 11.

[^58]: Qualcomm Reply Comments to the *Notice* at 4-5 (documenting
    existing multi-mode and multi-band equipment as evidence that it is
    possible to produce such devices without great cost or difficulty,
    and claiming that multi-band and multi-mode handsets will be
    necessary for global roaming due the different bands and technical
    standards the IMT-2000 standards support); *See also* Lockheed
    Martin Corporation Comments to the *Further Notice* at 3.

[^59]: TIA Comments to the *Notice* at 12; Ericsson Comments to the
    *Notice* at 12; Lucent Technologies Comments to the *Notice* at 5.
    (suggesting that, as a general principle, multi-band and multi-mode
    units are more technically complex, larger, heavier, costlier to
    develop and produce, and consume more power than similar single mode
    and single band devices).

[^60]: *See, e.g.,* Verizon Wireless Reply Comments to the *Further
    Notice* at 7-8.

[^61]: *See, e.g., Sixth Competition Report* 16 FCC Rcd at 13367
    (describing the convergence of cellular and PCS, and noting that the
    AT&T Wireless holds interests in both types of licenses); *Seventh
    Competition Report*, 17 FCC Rcd at 13011 (describing Cingular's
    current mix of TDMA and GSM networks).

[^62]: We also note that several commenters said that while harmonized
    spectrum is important, it should not serve to limit the amount of
    spectrum we ultimately decide is required for the provision of
    advanced services nor delay its allocation. Cingular Comments to the
    *Notice* at 11; CTIA Reply Comments to the *Notice* at 13.

[^63]: The IMT-2000 standards provide for the capabilities to support
    circuit and packet data at high bit rates at 144 kbps or higher in
    high mobility (vehicular) traffic environments; 384 kbps for
    pedestrian traffic; and 2 Mbps or higher for indoor traffic. The
    *Notice* describes other aspects of the ITU standards (such as
    interoperability and common billing/user profiles) in greater depth.

[^64]: *Notice*, 16 FCC Rcd at 604, ¶ 17.

[^65]: Siemens Comments to the *Notice* at 12.

[^66]: *See Seventh Competition Report,* 17 FCC at 13038 n.368. *See
    also* "Wireless Missionary Qualcomm fighting uphill battle to
    convert cell customers to use its CDMA technology," San Diego
    Union-Trib., June 9, 2002 at H1.

[^67]: Cdma2000 requires a 1.25 megahertz channel (1x) to meet the
    vehicular performance value, a 3.75 megahertz channel (3x) to meet
    the pedestrian performance value and a 7.5 megahertz (6x) channel to
    meet the indoor performance value. W-CDMA meets the standards using
    paired channels of a minimum size of 5 megahertz each. *See* ITU
    Rec. ITU-R M.1455-1 at 16.

[^68]: *Further Notice*, 16 FCC Rcd at (16043) ¶ 38.

[^69]: *See, e.g.*, AT&T Wireless Comments to the *Further Notice* at
    5-6; Verizon Wireless Comments to the *Further Notice* at 7-8.

[^70]: Motorola Reply Comments to the *Further Notice* at 5.

[^71]: Cingular Wireless Comments to the *Notice* at 11; Cook Inlet
    Region Comments to the *Notice* at 5.

[^72]: *See* U.S. Department of Commerce, National Telecommunications
    and Information Administration, "Spectrum Reallocation Final Report;
    Response to Title VI -- Omnibus Budget Reconciliation Act of 1993,"
    NTIA Special Publication 95-32, rel. Feb. 1995 (*1995 Spectrum
    Reallocation Final Report*) at §5, p. 3.

[^73]: *Id*. at §4, p. 7.

[^74]: OBRA-93 stated that microwave communications facilities operated
    by Federal power agencies are not required to relocate. OBRA-93, §
    113(c)(4) (codified at 47 U.S.C. § 923). These facilities are
    discussed in Appendix E of the *1995 Spectrum Reallocation Final
    Report*. In addition, NTIA identified a number of fixed microwave
    sites as well as 16 sites operated by the Department of Defense as
    "Essential Federal Operations" subject to indefinite continued
    primary use in the band. *See* Appendix F & figure F-3 of the *1995
    Spectrum Reallocation Final Report* (identifying these sites);
    OBRA-93, § 113(b)(2) (allowing for the designation of such
    facilities within the bands designated for Federal
    Government/non-Federal government mixed use).

[^75]: We note that NTIA's Reimbursement Order states that "\[d\]uring
    the transition period, all incumbent Government systems will remain
    on a primary basis and must be protected by the non-Government
    licensee." *See NTIA Relocation Rules*, *supra* n. 25, at ¶18.

[^76]: *2002 Viability Assessment* at 3.

[^77]: *Id.* at 17.

[^78]: We further note that if a future transfer of spectrum should
    require subsequent relocation of these Federal Government systems,
    additional provisions contained in the National Defense
    Authorization Act for Fiscal Year 2000 may also apply to these
    systems. *See* Pub. L. No. 106-65, 113 Stat. 512 (1999), § 1062(b).

[^79]: CTIA Comments to the 2002 *Viability Assessment* at 3-4; Nokia
    Comments to the *2002 Viability Assessment* at 3; TIA Comments to
    the *2002 Viability Assessment* at 5.

[^80]: *See, e.g.*, Ericsson Comments to the *2002 Viability Assessment*
    at 1-2; ArrayComm Comments to the *2002 Viability Assessment* at 2;
    Verizon Wireless Comments to the *2002 Viability Assessment* at 2.

[^81]: AT&T Wireless Reply Comments to the *Notice* at 5; Motorola
    Comments to the *Notice* at 13.

[^82]: Nokia Comments to the *Notice* at 5; Motorola Comments to the
    *Notice* at 12; Information Technology Industry Council Reply
    Comments to the *Notice* at 3.

[^83]: Siemens Comments to the *Notice* at 20.

[^84]: Information Technology Industry Council Reply Comments to the
    *Notice* at 4; WorldCom Reply Comments to the *FCC Staff Report* at
    5.

[^85]: CTIA Comments to the *FCC Staff Report* at 4-5.

[^86]: Network for Instructional TV Reply Comments to the *Notice* at 6.
    *See also* National ITFS Association Comments to the *Notice* at 22;
    AT&T Wireless Reply Comments to the *Notice* at 5.

[^87]: Catholic Television Network Reply Comments to the *Notice* at 10.
    *See also* Nortel Networks Reply Comments to the *Notice* at 3
    (stating that the 1.7 MHz band in general has "technical and
    practical advantages" over the 2.5 MHz band that was initially
    identified as a candidate band).

[^88]: BBA-97 designated the 1710-1755 MHz band for assignment to
    commercial use by competitive bidding. BBA-97 § 3002(b). More
    generally, BBA-97 amended Section 309(j) of the Act to require the
    Commission to grant licenses through the use of competitive bidding
    when mutually exclusive applications for initial licenses are
    accepted for filing, unless certain specific statutory exemptions
    apply. BBA-97 § 3002(a) (codified at 47 U.S.C. § 309(j)). Section
    309(j)(2) exempts from auctions licenses and construction permits
    for public safety radio services, digital television service
    licenses and permits given to existing terrestrial broadcast
    licensees to replace their analog television service licenses, and
    licenses and construction permits for noncommercial educational
    broadcast stations and public broadcast stations described in
    section 397(6) of the Communications Act. We will address the
    requirements of BBA-97 with respect to the 1710-1755 MHz band in
    greater depth in conjunction with our service rules proceeding for
    the band.

[^89]: NAS Comments to the *Notice* at 3-4 (late filed).

[^90]: *See id.* (asking that Haystack Observatory be deleted from the
    list and that the National Radio Astronomy Observatory's Very Large
    Array at Socorro, New Mexico, Very Long Baseline Array stations, and
    the Goldstone Observatory in California be added to the list). We
    also include the Allen Telescope Array in Hat Creek, California,
    pursuant to our recent decision in The 4.9 GHz Band Transferred from
    Federal Government Use, WT Docket No 00-32, *Second Report and Order
    and Further Notice of Proposed Rulemaking*, 17 FCC Rcd 3955, 3963 ¶
    13 n.73 (2002).

[^91]: Several comments we received in response to the *2002 Viability
    Assessment* are best addressed in this subsequent proceeding. For
    example, Verizon asks us to continue to work with NTIA to make
    spectrum available for commercial use in the Arizona and North
    Carolina locations that DOD anticipates it will operate on a primary
    basis for the indefinite future, and that suggests that Federal
    Government users should anticipate ultimate relocation once advanced
    services are deployed widely. Verizon Wireless Comments to the *2002
    Viability Assessment* at 8. Cingular asks for a clarification of the
    "secondary coordinated basis" concept. Cingular Wireless Comments to
    the *2002 Viability Assessment* at 3. *See also* CTIA Comments to
    the *2002 Viability Assessment* at 4.

[^92]: International footnote 5.388 reads as follows: "The bands
    1885-2025 MHz and 2110-2200 MHz are intended for use, on a worldwide
    basis, by administrations wishing to implement International Mobile
    Telecommunications-2000 (IMT-2000). Such use does not preclude the
    use of these bands by other services to which they are allocated.
    The bands should be made available for IMT-2000 in accordance with
    Resolution 212 (Rev.WRC-97)." *See* 47 C.F.R. § 2.106, footnote
    5.388.

[^93]: *See* 47 C.F.R. Parts 21, 22, and 101.

[^94]: *See* 47 C.F.R. § 2.106 footnote US111. This footnote lists
    specific locations where these earth stations can be located. See
    also, 47 C.F.R. § 2.106 footnote US252 which authorizes such use at
    Goldstone, CA for the 2110-2120 MHz band on a primary basis.

[^95]: *Emerging Technologies First Report and Order and Third Notice of
    Proposed Rule Making*, 7 FCC Rcd at 6890, ¶¶ 23-24. This relocation
    right was affirmed in the *Emerging Technologies Memorandum Opinion
    and Order and Third Notice of Proposed Rulemaking and Order*, 13 FCC
    Rcd 23949 (1998).

[^96]: *See Notice*, 16 FCC Rcd at 618, ¶ 52.

[^97]: AT&T Wireless Reply Comments to the *Notice* at 6; WCA Reply
    Comments to the *Notice* at 11; Ericsson Comments to the *2002
    Viability Assessment* at 3.

[^98]: Nucentrix Broadband Networks Reply Comments to the *Notice* at 16
    (also discussing the 1710-1850 MHz band). *See also* Motorola Reply
    Comments to the *Notice* at i; CDMA Development Group Reply Comments
    to the *Further Notice* at 3; AT&T Wireless Comments to the *Notice*
    at 9.

[^99]: NEC America Comments to the *Further Notice* at 23.

[^100]: Many commenters support allocation of the 2110-2150 MHz band as
    part of a request for the allocation of a larger amount of spectrum
    between 2110 MHz and 2170 MHz. *See, e.g.*, Cingular Wireless
    Comments to the *2002 Viability Assessment* at 2 (supporting
    allocation of the entire 60 MHz in the 2110-2170 MHz band to promote
    AWS development).

[^101]: *See* BBA-97 § 3002(c)(1)(D). We note that the 2110-2150 MHz
    band was previously subject to Section 3007 of BBA-97, which
    required us to auction it in a manner that ensured that proceeds
    were deposited in the Treasury by September 30, 2002. *See* BBA-97 §
    3007 (codified in notes to Section 309 of the Communications Act of
    1934, as amended, 47 U.S.C. § 309). This deadline was recently
    rescinded. *See* Auction Reform Act of 2002, Pub. L. No. 107-195,
    116 Stat. 715 (2002).

[^102]: *See* 47 C.F.R. § 2.106 footnote US252. Internationally, the
    2110-2120 MHz band is allocated in all three ITU Regions to the
    Fixed, Mobile and Space Research (deep space) (Earth-to-space)
    services and is used by NASA at DSN facilities in Spain and
    Australia.

[^103]: *Notice*, 16 FCC Rcd at 618, ¶ 53.

[^104]: The DSN, under emergency conditions, transmits with EIRP up to
    118 dBW.

[^105]: The Australian government, faced with a similar situation,
    excluded the 2110-2125 MHz portion of the spectrum in areas around
    the DSN facility at Canberra in a recent auction of spectrum for
    IMT-2000. *Notice*, 16 FCC Rcd at 618, ¶ 53; *See also*
    <http://auction.aca.gov.au/auction_results/2ghz_results_page/pdf/3gpaper2.pdf>*.*

[^106]: *Notice*, 16 FCC Rcd at 618, ¶ 53.

[^107]: *2002 Viability Assessment* at 23.

[^108]: JPL defined interference as the receiver experiencing an
    unacceptable level of interference more than 1% of the time. *See*
    JPL Comments to the *Notice* at 5.

[^109]: JPL Comments to the *Notice* at 2.

[^110]: These include I-40, I-10, and the Golden State Freeway (I-5).
    *See* JPL Comments to the *Notice* at 7, fig.2.

[^111]: AT&T Wireless Comments to the *Notice* at 12.

[^112]: Motorola Comments to the *Notice* at 18-19.

[^113]: *See* Appendix D for details of the analysis. We also note that
    our analysis did not account for the significant processing gain
    expected by the use of CDMA-type technologies.

[^114]: In Region 2 (the Americas) this band is also allocated for MSS
    downlinks on a secondary basis.

[^115]: We note that prior to February 25, 1974, footnote NG23 made the
    2150-2162 MHz band available for assignment to stations in the
    International Fixed Public Radiocommunication Services in the
    Caribbean. A review of our licensing database finds that there are
    no such licensees. In a separate proceeding, we are proposing to
    delete footnote NG23. *See* Amendment of Parts 2, 25, and 87 of the
    Commission\'s Rules to Implement Decisions from World
    Radiocommunication Conferences Concerning Frequency Bands Between 28
    MHz and 36 GHz and to Otherwise Update the Rules in this Frequency
    Range, ET Docket No. 02-305, *Notice of Proposed Rule Making*, FCC
    02-261, rel. Oct. 7, 2002, at ¶ 103.

[^116]: *See* 47 C.F.R. Part 21---Domestic Public Fixed Radio Services.
    Subpart K of Part 21 is titled "Multipoint Distribution Service."

[^117]: Under an informal agreement among MDS licensees, the principal
    use of the 2150-2160/2 MHz band is for response stations
    transmitting to hub stations, which is generally known as upstream
    communications. *See generally* Sprint Comments to the *Notice* at
    21 and WCA Comments to the *Notice* at 42-43. A response station in
    a two-way system is a customer-premises transceiver used for the
    reception of downstream and transmission of upstream signals as part
    of a large system of such stations licensed under the authority of a
    single license. A maximum e.i.r.p. of 33 dBW (2000 watts) per 6 MHz
    is permitted. A hub station is a receive-only station licensed as
    part of a system of response stations in a two-way system and used
    for the purpose of receiving the upstream transmissions of those
    response stations.

[^118]: The 2 megahertz at 2160-2162 MHz can only be assigned where
    there is evidence that no harmful interference would occur to any
    authorized co-frequency point-to-point facility. *See* 47 C.F.R. §
    21.901(c). We collectively refer to MDS channels 1, 2, and 2A in our
    discussion of MDS use of the 2150-2160 MHz band.

[^119]: There are other MDS channels in the 2596-2644 MHz, 2650-2656
    MHz, 2662-2668 MHz, and 2674-2680 MHz bands, as well as response
    channels in the 2686-2690 MHz band. In addition, MDS licensees often
    lease spectrum in the 2500-2690 MHz band from ITFS licensees.
    Historically, the 2150-2162 MHz and 2500-2690 MHz bands were
    predominantly used for one‑way analog video transmission.
    Increasingly, MDS operators are using these bands for two-way
    digital broadband services. In October 1996, the Commission decided
    to allow high‑speed digital data applications, including Internet
    access. Then, in 1998, the Commission approved the use of two‑way
    transmissions, effectively enabling the provision of voice, video,
    and data services. In 2001, a mobile, except aeronautical mobile,
    service allocation was added to the 2500-2690 MHz band. *See First
    R&O*, 17 FCC Rcd at 17235, ¶ 21 (describing these regulatory
    developments).

[^120]: *See Further Notice* 16 FCC Rcd at 16060-61, ¶¶ 38-41.

[^121]: *Id*., 16 FCC Rcd at 16061, ¶ 40. We likewise asked for a
    suggested timeframe for clearing the band as well as the types and
    magnitude of costs that would be involved. *Id*.

[^122]: The *FCC Final Report* concluded that MDS and AWS sharing would
    not be possible in the 2500-2690 MHz band, and that it would not be
    possible to relocate MDS users on the band without jeopardizing the
    unique and valuable services that MDS users provide.

[^123]: *See Further Notice* at 16 FCC Rcd at 16061, ¶ 40.

[^124]: *See, e.g.,* Cingular Wireless Comments to the *Further Notice*
    at 11; Ericsson Comments to the *Further Notice* at 2.

[^125]: *See* Telephone and Data Systems Comments to the *Further
    Notice* at 8.

[^126]: *See* Telecommunications Industry Association -- Wireless
    Communications Division (TIA-Wireless) Comments to the *Further
    Notice* at 4.

[^127]: *See* Radio Advisory Board of Canada Comments to the *2002
    Viability Assessment* at 4.

[^128]: Motorola Reply *Notice* at 11 and Appendix.

[^129]: Verizon Wireless Comments to the *Notice* at 14. Verizon states
    that with the out-of-band emission limits for MDS, an MDS
    transmitter operating at maximum power would preclude 3G mobile
    receiver operation regardless of the amount of guard band. For
    example, Verizon provides an analysis showing that at a separation
    distance of 300 meters with a guard band of 3 megahertz, an MDS base
    station would exceed the 3G handsets interference criteria by about
    7 dB. *Id.* at Appendix. *See also* Motorola Comments to the
    *Notice* at 11 and Appendix.

[^130]: Verizon Wireless Comments to the *Notice* at 15.

[^131]: *See, e.g.*, Sprint Comments to the *Further Notice* at 2;
    WorldCom Comments to the *Notice* at 24.

[^132]: *See, e.g.*, Nucentrix Broadband Networks Comments to the
    *Further Notice* at 6-7; WorldCom Comments to the *Further Notice*
    at 10-11. Nucentrix avers that the same public interest benefits of
    new technology development and efficient use of spectrum that were
    articulated in the *Further Notice* would be achieved by the
    addition of a flexible use allocation for MDS Channels 1 and 2A. It
    also states that the record in this proceeding clearly demonstrates
    that MDS Channels 1 and 2A and the 2500-2690 MHz band are used
    together to deliver the same broadband services and, therefore, that
    the same service rules should apply to both bands. Nucentrix
    Broadband Networks Comments to the *Further Notice* at 6-7.

[^133]: WCA Reply Comments to the *Notice* at 27-31.

[^134]: WCA states that further analysis is needed to determine the
    correct size for a guard band. *Id.* at 30.

[^135]: WCA states that Verizon's analysis fails to consider the
    elevation angles between MDS base stations and 3G-style handsets and
    unrealistically assumes that downstream MDS stations would operate
    with an attenuation of 60 dB on all frequencies more than 3 MHz from
    the channel edge. WCA points out that the MDS base station emissions
    continue to roll off to a level of -67 dBc at [+]{.underline}5 MHz
    away from the band edge, which is enough to meet Verizon's desired
    interference criterion. WCA also maintains that the antenna height
    differential between MDS base and AWS mobile stations is enough to
    reduce interference to levels below Verizon's interference limit at
    distances up to 1.6 km. *See* WCA Reply Comments to the *Notice* at
    29-30 and Appendix A.

[^136]: *See* WCA Reply Comments to the *Notice* at 30. WCA states that
    if the stated conditions are adopted, it would not be opposed to a
    modification to the MDS base station emission mask to reflect actual
    equipment performance. *Id.* at 29-30. *See also* Joint Comments of
    The Cellular Telecommunications & Internet Association,
    Telecommunications Industry Association, and Personal Communications
    Industry Association at Attachment I: Report of the Working Group on
    3G Characteristics. The report indicates that mobile stations would
    operate with a typical transmitter power of 100 mW, and a maximum
    transmitter power of 250 mW for cdma2000, TD-CDMA, and W-CDMA, and 1
    W for UWC-136 (TDMA) EDGE. The report also indicates that base
    stations would operate with a transmitter power of 10 W.

[^137]: AT&T Wireless Comments to the *Notice* at 12.

[^138]: Verizon Comments to the *Notice* at 15.

[^139]: Cingular Comments to the *Further Notice* at 11.

[^140]: Ericsson Comments to the *Further Notice* at 10-11.

[^141]: WCA notes that it has filed a Petition for Reconsideration of
    the *Report and Order* in IB Docket No. 99-81 seeking to revise the
    MSS spectral mask to limit the power flux density into the MDS band.
    WCA Reply Comments to the *Notice* at 32.

[^142]: *See* *id.* at 31-33.

[^143]: *See* *WCA Letter*, *supra* n.19. This letter was sent jointly
    by WCA, Bellsouth, Nucentrix, Sprint, and Worldcom. WCA is the trade
    association of the MDS industry. The other parties to the letter
    hold the majority of licenses in the 2150-2160 MHz band.

[^144]: *Id* at 8-9.

[^145]: *Id* at 2*.*

[^146]: *See, e.g.*, Verizon Wireless Comments to the 2*002 Viability
    Assessment* at 3 (supporting allocation of a contiguous 45 MHz block
    of spectrum at 2110-2155 MHz and claiming that large contiguous
    blocks are necessary to promote the economic deployment of advanced
    services and to limit the mitigation of harmful interference
    necessary to account for services on adjacent bands). *See also*
    Motorola Comments to the *2002 Viability Assessment* at 5 and TIA
    Comments to the *2002 Viability Assessment* at 4 (advocating a 60
    MHz allocation that includes a 45 MHz contiguous block in the
    2110-2155 MHz band but suggesting that 15 MHz between 2155 and 2170
    be held in reserve until a matching 15 MHz block can be made
    available).

[^147]: In the *Notice*, we had proposed to designate 45 megahertz of
    spectrum at 2110-2150 MHz and 2160-2165 MHz for AWS. Were we to
    adopt this proposal, MDS would be between two AWS allocations. This
    would raise adjacent band interference issues on both sides of the
    MDS allocation. *Notice*, 16 FCC Rcd at 618, ¶ 52.

[^148]: Concurrent with the adoption of this Second R&O, we adopt a
    Notice of Proposed Rulemaking to examine service rules for the newly
    allocated bands.

[^149]: Only those incumbent fixed facilities that were licensed or had
    pending applications as of January 16, 1992 may have primary status.
    *See* *Emerging Technologies First Report and Order and Third Notice
    of Proposed Rule Making*, 7 FCC Rcd at 6891-2, ¶ 31 *See also* 47
    C.F.R. § 101.147(a). In addition, under the rules any major
    modifications or extension to an existing fixed system after April
    25, 1996, is authorized only on a secondary basis to Emerging
    Technology stations. *See* 47 C.F.R. § 101.81. As of September 2002,
    the licensing database includes the following:

    Band (MHz)Number of

    LicenseesService2110-2130 3454

    3

    56

    47

    1 Common carrier point-to-point licenses (Part 101)

    Private non-public safety point-to-point licenses (Part 101),

    Paging and Radiotelephone Service licenses (Part 22)

    Local Television Transmission Service Licenses (Part 101)

    General Aviation and Air-Ground Radiotelephone license (Part
    22)2130-2150 2448

    1326

    2 Private non-public safety point-to-point licenses (Part 101)

    Public safety point-to-point licenses (Part 101)

    Common carrier point-to-point licenses (Part 101)2160-2165 890

    13

    40 Common carrier point-to-point licenses (Part 101)

    Paging and Radiotelephone Service licenses (Part 22)

    Local Television Transmission Service Licenses (Part 101)

[^150]: *See Emerging Technologies Third Report and Order and Memorandum
    Opinion and Order*, 8 FCC Rcd 6589 (1993). New licensees may
    relocate incumbent licensees' systems at their option. In general, a
    new licensee will relocate an incumbent system if it determines that
    the incumbent system will cause interference to the new licensee's
    system. The main elements of the relocation process include a set
    negotiation period or periods, usually triggered at the request of
    the new licensee; a requirement that the parties negotiate in good
    faith during the mandatory negotiation period; and the right of the
    incumbent to be relocated to comparable facilities at the expense of
    the new licensee. The relocation compensation includes all
    engineering, equipment, site, and FCC fees. The new licensee must
    complete all activities necessary for implementing the replacement
    facilities, and must test the new facilities to ensure comparability
    with the existing facilities. *See generally* 47 C.F.R. §§
    101.69-101.99.

[^151]: *Notice*, 16 FCC Rcd at 617-18, ¶ 51. Specifically, these
    microwave incumbents are paired in the 2130-2150 MHz and 2180-2200
    MHz bands. Other parts of the *Notice* erroneously discuss microwave
    channels at 2165-2200 MHz being paired with spectrum at 2110-2115
    MHz. *See Notice*, 16 FCC Rcd at 618-19, ¶¶ 54 & 55.

[^152]: *Notice*, 16 FCC Rcd at 617-18, ¶ 51.

[^153]: Amendment of Section 2.106 of the Commission's Rules to Allocate
    Spectrum at 2 GHz for Use by the Mobile-Satellite Service, *Second
    Report and Order and Second Memorandum Opinion and Order*, ET Docket
    No. 95-18, 15 FCC Rcd 12315 (*MSS Second R&O*); 47 C.F.R. §§
    101.69(d), 101.73(d), and 101.75(d). During the voluntary
    negotiation period, parties are encouraged to negotiate and reach
    agreement, but are not required to do so. During the involuntary
    negotiation period, parties must negotiate relocation terms in good
    faith. *See Emerging Technologies Third Report and Order and
    Memorandum Opinion and Order*, 8 FCC Rcd at 6595, ¶ 15. Only if
    these negotiations fail can a new licensee force an incumbent to
    relocate. Under involuntary relocation, an emerging technology
    service provider must 1) guarantee payment of all relocation costs;
    2) complete all activities necessary to bring the facilities into
    operation; and 3) build and test the new system. *Emerging
    Technologies Memorandum Opinion and Order*, 9 FCC Rcd at 1944, ¶ 3.

[^154]: *MSS Second R&O*, 15 FCC Rcd at 12345-6, ¶¶ 95-96.

[^155]: *See* 47 C.F.R. § 101.99.

[^156]: *Notice*, 16 FCC Rcd at 618-19, ¶ 54.

[^157]: *Id.*, 16 FCC Rcd at 618-19, ¶¶ 54-55 (noting that, otherwise,
    "it is possible that a new entrant in the 2110-2150 MHz band could
    be assigned spectrum that would have two sets of relocation
    procedures in effect").

[^158]: Blooston Comments to the *Notice* at 2 & 5.

[^159]: *Id.* at 6-7.

[^160]: *Id.*

[^161]: *See* The Rural Telecommunications Group Comments to the
    *Notice* at 3-4; Pinnacle West Capital Corporation Comments to the
    *2002 Viability Assessment* at 2.

[^162]: *See, e.g.*, Biennial Regulatory Review -- Amendment of Parts 0,
    1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the
    Commission\'s Rules to Facilitate the Development and Use of the
    Universal Licensing System in the Wireless Telecommunications
    Services, WT Docket No. 98-20, *Report and Order*, 13 FCC Rcd 21027,
    21054-5 ¶ 56 (1998) (finding that the consolidation and unification
    of disparate rules for different wireless services would speed
    wireless service to the public).

[^163]: If a licensee is subject to varying relocation time periods, and
    the licensee is unable to begin service until it relocates
    incumbents across its entire licensed service area, then it may be
    unable to deploy AWS until it relocates those incumbents that are
    subject to the latest relocation time period -- particularly if
    those incumbents do not readily reach a relocation agreement. Thus,
    it makes sense to unify the time frame for relocation to the
    greatest extent possible, and to favor the shortened time periods
    reflected in the modified procedures. *See also* *Emerging
    Technologies Third Report and Order and Memorandum Opinion and
    Order*, 8 FCC Rcd at 6594-95, ¶ 14 (stating that "\[u\]ndue delay
    would be inconsistent with the public interest in fostering and
    implementing new services that utilize emerging technologies as
    quickly as possible.")

[^164]: *See* Blooston Comments to the *Notice* at 8.

[^165]: The burden of providing comparable facilities and paying
    relocation costs rests on the new licensee. *See* Amendment of Part
    90 of the Commission's Rules to Facilitate Future Development of SMR
    Systems in the 800 MHz Frequency Band, PR Docket No 93-114, *Third
    Order on Reconsideration*, 16 FCC Rcd 2866, 2877 ¶ 10 (2001).

[^166]: *See* *Emerging Technologies Second Report and Order*, 8 FCC Rcd
    6495 (1993).

[^167]: Pinnacle West Capital Corporation Comments to the *2002
    Viability Assessment* at 3.

[^168]: Cingular Wireless Comments to the *Notice* at 22-24.

[^169]: *See* Blooston Comments to the *Notice* at 6 (stating that "some
    of the best solutions to a microwave relocation situation may be
    non-traditional solutions, such as the use of commercial services").

[^170]: *See* *2002 Viability Assessment* at 18-19.

[^171]: *Id*. at 19. NTIA did suggest that it would be possible to
    relocate non-military users of the band segment.

[^172]: This band was discussed in the *NTIA Final Report*. *See supra*
    n.10 and accompanying text.

[^173]: *See, e.g, NTIA Final Report* at xv. (concluding that full band
    sharing was not feasible in the 1755-1850 MHz band segments, that
    some systems may not be able to vacate until 2030, and that
    compatible relocation spectrum may not even be available). Notably,
    the most recent cooperative investigation into spectrum reallocation
    -- which resulted in the *2002 Viability Assessment* -- did not even
    consider the 1770-1855 band segment.

[^174]: *See 2002 Viability Assessment* at 10-11 and 19-20. In addition,
    NTIA anticipates increased government spectrum needs in this band
    segment for homeland security and related missions. *See* *Id.* at
    5-6.

[^175]: Canadian Wireless Telecommunications Association Comments to the
    *2002 Viability Assessment* at 2-3.

[^176]: Siemens Comments to the *Notice* at 2. *See also* Orange Group
    Comments to the *Notice* at 4.

[^177]: *See, e.g.,* Cingular Wireless Comments to the *Notice* at 20;
    Verizon Wireless Comments to the *2002 Viability Assessment* at 7-8.

[^178]: *See, e.g.*, Motorola Comments to the *FCC Staff Report* at 2;
    Motorola Comments to the *Notice* at 14, 17-19; WorldCom Reply
    Comments to the *FCC Staff Report* at 11; TIA-Wireless Comments to
    the *Further Notice* at 8.

[^179]: *See* Verizon Wireless Comments to the *2002 Viability
    Assessment* at 7-8; Cingular Wireless Comments to the *Notice* at
    19.

[^180]: *2002 Viability Assessment* at 4.

[^181]: *Notice*, 16 FCC Rcd at 610-12, ¶¶ 34-38.

[^182]: *See* Reallocation of Television Channels 60-69, The 746-806 MHz
    Band, *Report and Order*, ET Docket No. 97-157, 12 FCC Rcd 22953
    (1998) (making 30 MHz of spectrum in the 747-762 MHz and 777-792 MHz
    bands available for commercial use); *See also* Reallocation and
    Service Rules for the 698-746 MHz Spectrum Band (Television Channels
    52-59) *Report and Order*, GN Docket No 01-74, 17 FCC Rcd 1022
    (2002) (making 48 MHz of spectrum in the 698-746 MHz band available
    for flexible use).

[^183]: Because of television incumbencies that are likely to continue
    for some time, and because these bands were not part of the ITU's
    bands designated for worldwide use, some commenters do not believe
    that these bands will meet near-term AWS needs. *See, e.g,*, Verizon
    Wireless Reply Comments to the *Notice* at 11. *But see* CTIA
    Comments to the *Notice* at 9; NEC America Comments to the *Further
    Notice* at 23; Illinois Institute of Technology Reply Comments to
    the *Notice* at 4 (supporting the ultimate use of these bands for
    commercial use and expressing preferences over the use of other
    bands under consideration).

[^184]: *See* 47 C.F.R. § 22.900 *et seq.* The Cellular Radiotelephone
    Service initially was titled the Domestic Public Cellular Radio
    Telecommunications Service. *See* Revision of Part 22 of the
    Commission's Rules Governing the Public Mobile Services,
    CC Docket No. 92‑115, *Report and Order*, 9 FCC Rcd 6513, 6538
    (1994) (changing name). The service was subsequently expanded to
    meet a growth in demand, and now consists of a 50 MHz total
    allocation. *See
    <http://wireless.fcc.gov/services/cellular/data/bandplan.html>.*

[^185]: *See* 47 C.F.R. § 24.229.

[^186]: This includes the 90 MHz allocation in this proceeding, 50 MHz
    for cellular services, 120 MHz for broadband PCS, and an estimated
    20 MHz of Specialized Mobile Radio (SMR) spectrum that is used to
    provide commercial services that compete with cellular and PCS
    providers. As a general rule, United States licensees may use their
    existing spectrum allocations, as well as any additional spectrum we
    allocate in this proceeding, for the provision of advanced services.

[^187]: SDR is projected to allow carriers to deploy AWS flexibly across
    different frequency bands. *See* Software Defined Radio Forum
    Comments to the *Notice*. *But see* AT&T Wireless Comments to the
    *Notice* at 9 (stating that SDR is still "years away").

[^188]: *See, e.g,* ArrayComm comments to the *Further Notice* at 1,
    n.1.

[^189]: ^†^ A list of commenting parties to the CTIA Petition was
    included in the *Notice*. *Notice*, 16 FCC Rcd at 628-29, Appendix
    A.

[^190]: *See* 5 U.S.C. § 603. The RFA (codified at 5 U.S.C. § 601-612)
    has been amended by the Small Business Regulatory Enforcement
    Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110
    Stat. 857 (1996).

[^191]: Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, Including Third
    Generation Wireless Systems, ET Docket No. 00-258, *Notice of
    Proposed Rulemaking and Order*, 16 FCC Rcd 596 (2001)

[^192]: Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems, ET Docket No. 00-258, ET Docket No.
    95-18, and IB Docket No. 99-81, *Memorandum Opinion and Order and
    Further Notice of Proposed Rule Making*, 16 FCC Rcd 16043 (2001).

[^193]: *See* 5 U.S.C. § 604.

[^194]: Section 706 of the Communications Act of 1934, as amended,
    codified at 47 U.S.C. § 157.

[^195]: 5 U.S.C. § 604(a)(3).

[^196]: 5 U.S.C. § 601(6).

[^197]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the 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."

[^198]: 15 U.S.C. § 632.

[^199]: 5 U.S.C. § 601(4).

[^200]: Department of Commerce, U.S. Bureau of the Census, 1992 Economic
    Census, Table 6 (special tabulation of data under contract to Office
    of Advocacy of the U.S. Small Business Administration).

[^201]: 5 U.S.C. § 601(5).

[^202]: U.S. Dept. of Commerce, Bureau of the Census, "1992 Census of
    Governments."

[^203]: *Id.*

[^204]: 47 CFR 101 *et seq*. (formerly, part 21 of the Commission\'s
    Rules).

[^205]: Persons eligible under parts 80 and 90 of the Commission\'s
    rules can use Private Operational-Fixed Microwave services. *See* 47
    CFR parts 80 and 90. Stations in this service are called
    operational-fixed to distinguish them from common carrier and public
    fixed stations. Only the licensee may use the operational-fixed
    station, and only for communications related to the licensee\'s
    commercial, industrial, or safety operations.

[^206]: Auxiliary Microwave Service is governed by Part 74 of Title 47
    of the Commission\'s Rules. *See* 47 CFR Part 74 *et seq*. Available
    to licensees of broadcast stations and to broadcast and cable
    network entities, broadcast auxiliary microwave stations are used
    for relaying broadcast television signals from the studio to the
    transmitter, or between two points such as a main studio and an
    auxiliary studio. The service also includes mobile TV pickups, which
    relay signals from a remote location back to the studio.

[^207]: 13 C.F.R. § 121.201, NAICS code 517212 (formerly 513322).

[^208]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Employment Size of Firms Subject to Federal Income
    Tax: 1997," Table 5, NAICS code 517212 (issued Oct. 2000).

[^209]: *Id*. The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1,000
    employees or more."

[^210]: For purposes of this item, MDS includes single channel
    Multipoint Distribution Service (MDS) and the Multichannel
    Multipoint Distribution Service (MMDS). *See* 66 Fed. Reg. 36177.

[^211]: Amendment of Parts 21 and 74 to Enable Multipoint Distribution
    Service and Instructional Television Fixed Service Licensees to
    Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, *Report
    and Order*, 13 FCC Rcd 19112 (1998), *recon.*, 14 FCC Rcd 12764
    (1999), *further recon.*, 15 FCC Rcd 14566 (2000).

[^212]: 47 C.F.R. §§ 21.961 and 1.2110.

[^213]: Amendment of Parts 21 and 74 of the Commission's Rules with
    Regard to Filing Procedures in the Multipoint Distribution Service
    and in the Instructional Television Fixed Service and Implementation
    of Section 309(j) of the Communications Act - Competitive Bidding,
    MM Docket No. 94-131, *Report and Order*, 10 FCC Rcd 9589, 9670
    (1995), 60 Fed. Reg. 36524 (July 17, 1995).

[^214]: Basic Trading Areas (BTAs) were designed by Rand McNally and are
    the geographic areas by which MDS was auctioned and authorized. *See
    id.* at 9608.

[^215]: 47 U.S.C. § 309(j). (Hundreds of stations were licensed to
    incumbent MDS licensees prior to implementation of Section 309(j) of
    the Communications Act of 1934, 47 U.S.C. § 309(j)). For these
    pre-auction licenses, the applicable standard is SBA's small
    business size standard for "other telecommunications" (annual
    receipts of \$12.5 million or less). *See* 13 C.F.R. § 121.201.

[^216]: 5 U.S.C. § 603(c)(1)-(c)(4).

[^217]: *See* 5 U.S.C. § 801(a)(1)(A).

[^218]: *See* 5 U.S.C. § 604(b).

[^219]: *See* Document 7B/14-E, *Characteristics of SRS stations
    operating in the 2110-2120 MHz band for use in the development of
    IMT-2000 frequency arrangement,* Submitted by the United States of
    America, 2 April, 2001.

[^220]: See ITU-R RR 21.10 and 21.15. Under these constraints, the DSN
    station is limited to a minimum elevation angle of 10 degrees and a
    power limit of 55 dBW/4kHz in the horizontal direction.

[^221]: RFCAD is a software package produced by SiteSafe. *See*
    [http://www.rfcad.com](http://www.rfcad.com/) for more details.

[^222]: This level is the 3G interference threshold for a desired signal
    10 dB above the sensitivity for a 10^-3^ BER. *See FCC* *Final
    Report*, page A-26. However, we note that intrasystem noise would be
    considerably higher, thus negating any interference impact of a -94
    dBm signal.

[^223]: Most of this area is also within the Ft. Irwin Military
    Reservation or the U.S. Naval Weapons Center. Based upon
    computations using RFCAD software, power levels in Barstow,
    California, the closest city to Goldstone, are expected to be below
    -110 dBm. Power levels at the closest approach to I-15 are also in
    the same range. The 20 kW transmitter generates power levels above
    -110 dBm within 32 km of the antenna in the mainbeam and 8 km in the
    sidelobes.

[^224]: In a pristine interference-free environment, this is the
    interference level for a 3G mobile receiver for a 10% degradation in
    range. *See FCC* *Final Report*, page A-26. However, we note that
    intrasystem noise would be considerably higher, thus negating any
    interference impact of a -110 dBm signal.

[^225]: The mountains surrounding Los Angeles block the transmitted
    energy from Goldstone from reaching the metropolitan Los Angeles
    area.

[^226]: Maximum power levels outside of this 10-degree wide arc should
    not exceed -102 dBm. Approximately 24 kilometers of Route 58 could
    see these power levels, but only if the mainbeam of the DSN antenna
    was pointed in that direction.