**DA 04-1493**

**Released: May 26, 2004**

**WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES LICENSING AND INTERIM
LINK REGISTRATION PROCESS, INCLUDING START DATE FOR FILING APPLICATIONS
FOR NON-EXCLUSIVE NATIONWIDE LICENSES IN THE\
71-76 GHz, 81-86 GHz, AND 92--95 GHz BANDS**

By this Public Notice, the Wireless Telecommunications Bureau ("WTB" or
"Bureau") announces the details of the licensing and link registration
process for the 71-76, 81-86, 92-94.0 and\
94.1-95 GHz bands.[^1] The Bureau also announces June 21, 2004, as start
date for filing applications for non-exclusive nationwide licenses and
July 19, 2004, as the start date for licensees to register individual
links under an interim link registration process.

# BACKGROUND

On October 16, 2003, the Commission adopted a *Report and Order*
establishing service rules to promote non-Federal Government development
and use of the "millimeter wave" spectrum in the 71-76 GHz, 81-86 GHz
and 92-95 GHz bands[^2] on a shared basis with Federal Government
operations.[^3] These bands are essentially undeveloped and available
for use in a broad range of new products and services, including
high-speed, point-to-point wireless local area networks and broadband
Internet access.[^4] Highly directional, "pencil-beam" signal
characteristics permit systems in these bands to be engineered in close
proximity to one another without causing interference. Thus, the
Commission adopted a flexible and innovative regulatory framework for
the 71-95 GHz bands that would not require traditional frequency
coordination among non-Federal Government users. Under this approach,
the Commission will issue an unlimited number of non-exclusive
nationwide licenses to non-Federal Government entities for the
12.9 gigahertz of spectrum allocated for commercial use.[^5] These
licenses will serve as a prerequisite for registering individual
point-to-point links. The 71-95 GHz bands are allocated on a shared
basis with Federal Government users. Therefore, a licensee will not be
authorized to operate a link under its non-exclusive nationwide license
until the link is both (1) coordinated with the National
Telecommunications and Information Administration (NTIA) with respect to
Federal Government operations and (2) registered as an approved link
with the FCC (interim process) or third-party Database Manager
(permanent process).[^6]

*NTIA coordination*. NTIA is developing an automated coordination
mechanism that will allow non-Federal Government users and independent
database managers (Database Managers) selected by the FCC[^7] to use an
Internet site to determine whether a given non-Federal Government link
has any potential conflict with Federal Government users.[^8] However,
until that database is operational, NTIA coordination will occur using
the existing process: licensees will file link registrations on the
FCC's Universal Licensing System (ULS), which the FCC will refer to
NTIA's Interdepartment Radio Advisory Committee (IRAC) Frequency
Assignment Subcommittee. Once NTIA's Web-based system is operational, it
is anticipated that Database Managers will supply the necessary
information directly to NTIA for frequency interference coordination
with Federal Government entities. The automation is designed to
streamline the administrative process for non-Federal Government users
in the bands.[^9]

*Link registration through ULS and Database Managers*. Until the
Commission selects Database Managers, licensees will register links
through ULS. Thereafter, licensees will register links with Database
Managers, who will develop and maintain a non-FCC database of link
registrations to assist parties in planning new links to avoid
interference.[^10] In the event of an interference dispute, rights with
regard to specific links will be established based on the date and time
of link registration.

In the *Report and Order*, the Commission explained that the licensing
and link registration process would be detailed in subsequent public
notices.[^11] Accordingly, the non-exclusive nationwide licensing
process, the interim link registration process and general provisions
for the permanent link registration process are set forth herein**.**

# NON-EXCLUSIVE NATIONWIDE LICENSE

A license for the Millimeter Wave 70/80/90 GHz Radio Service will
consist of a non-exclusive nationwide license, combined with site-based
links obtained through a link registration process. All interested
parties must have a non-exclusive nationwide license prior to
registering a link whether under the interim or permanent link
registration processes described herein. The non-exclusive nationwide
license does [not]{.underline} authorize operation until a link is both
(1) coordinated with NTIA and (2) registered.[^12]

**[Application Filing Process for Non-Exclusive Nationwide
License]{.underline}**

> *[Notice: Filing and regulatory fees are discussed in section
> iv.]{.smallcaps}*

Applicants for non-exclusive nationwide licenses are encouraged to
electronically file FCC Form 601 using the Universal Licensing System
(ULS).[^13] Applicants can access the ULS web site at
http://wireless.fcc.gov/uls. Applicants must have an FCC Registration
Number (FRN) in order to file applications and link registrations in
ULS. If the applicant does not have an existing FRN, it must register
and obtain an FRN prior to filing the license application.[^14]

Applicants for non-exclusive nationwide licenses will be required to
file FCC Form 601 Main Form and Schedule B. Applicants should specify
that they are filing an application in the MM - Millimeter Wave 70/80/90
Radio Service and specify the purpose of the application as New (NE).
When filing electronically, the ULS will automatically load FCC Form
601.[^15] An FCC Form 601 Main Form is required for all filings and
collects necessary administrative data to identify the filer,
establishes the filer's basic eligibility and qualifications, and
classifies the filing. It also contains the required certifications and
signature block. An FCC Form 601 Schedule B must be included with the
application for the initial non-exclusive nationwide license. Because
the non-exclusive nationwide license serves as a prerequisite for
registering links, an applicant will initially receive a single license
for all available frequency bands (71-76, 81-86, 92- 94.0, and 94.1 - 95
GHz).[^16] During the electronic filing process, FCC Form 601 Schedule B
will be automatically pre-filled with the correct technical data, and
cannot be changed; FCC Form 601 Schedule B is a view-only screen for
this radio service.

Applications are assigned file numbers and all applications (and major
amendments thereto) that are accepted for filing are listed on the
Bureau's weekly public notice of such applications. An application may
be granted at any time if the Bureau finds that it meets all of the
Commission's requirements (*e.g.* meets qualification requirements,
foreign ownership restrictions, payment obligations), except that
certain applications will not be granted prior to the 31st day following
the issuance of a Public Notice of the acceptance for filing of such
application (see below).[^17] When an application is granted, an
authorization will be issued to the applicant, and the grant will be
placed on the Wireless Telecommunications Bureau's Weekly Action Public
Notice.

> *[Notice: Applicants seeking to operate under more than\
> one regulatory status may file one application for\
> common carrier regulatory status and a\
> second application for non-common carrier\
> and/or private, internal regulatory status.]{.smallcaps}*

Applications to provide non-common carrier service or for private,
internal communications (Codes "N" and "P," respectively on FCC Form 601
Item 35) may be granted anytime after they are accepted for filing.
Applications that include a request for common carrier regulatory status
(Code "C," FCC Form 601 Item 35) will *not* be granted prior to the 31st
day following the issuance of a Public Notice of the acceptance for
filing of such application.[^18]

> EXAMPLE: On June 30, 2004, the Bureau releases the weekly Public
> Notice of applications filed between June 21-25, 2004, that are
> acceptable for filing. The 31^st^ day following this public notice is
> Saturday, July 31, 2004, making Monday, August 2, 2004, the first day
> on which a common carrier application can be granted. A license is
> required to file link registrations. Given that July 19, 2004, is the
> starting date for filing link registrations, and that no common
> carrier licenses can be granted prior to August 2, 2004, applicants
> seeking to operate under more than one regulatory status may wish to
> file one application for common carrier regulatory status and a second
> application for non-common carrier and/or private, internal regulatory
> status, as applicable.[^19]

**[Modifications to Non-exclusive Nationwide License]{.underline}**

Modifications to the non-exclusive nationwide license will be limited to
data on the FCC Form 601 Main Form. Any such modifications should be
filed on FCC Form 601 and should specify the purpose of the filing as
modification (MD). Modifications to FCC Form 601 Schedule B data will
not be permitted. Modifications to the FCC Form 601 Main Form data will
not affect the interference protection date for individual links
registered under that license. License modifications must be filed
independent of any filing involving registration of individual links.

**[Transfer and Assignment of Non-exclusive Nationwide
Licenses]{.underline}**

Licensees may assign or transfer their non-exclusive nationwide license
using FCC Form 603. Pursuant to the *Report and Order*, licensees will
not be permitted to partition or disaggregate their non-exclusive
nationwide licenses.[^20] Therefore, licensees will only be permitted to
assign or transfer the entire geographic license. Any links registered
under the non-exclusive nationwide license will remain associated with
the license during a full assignment or transfer. However, at a date to
be announced in the future by Public Notice, we will, pursuant to our
delegated authority, *see* note Error: Reference source not found*,
supra,* permit licensees to assign individual links from one
non-exclusive nationwide license to another. [^21]

**[Applications May be Filed Beginning June 21, 2004]{.underline}**

Parties may file applications for non-exclusive nationwide licenses
starting on June 21, 2004. Applications filed before June 21, 2004, will
be dismissed.

# INDIVIDUAL LINK REGISTRATION AND COORDINATION

**A. [Introduction]{.underline}**

As noted above, the non-exclusive nationwide license is a required
prerequisite for registering individual links. Therefore, individual
links cannot be registered until a geographical (nationwide) license is
obtained (see above).

In Appendix C of the *Report and Order*, the Commission specified
certain technical parameters that would be required for link
registration. The *Report and Order* also stated that the Commission
would provide details regarding the licensing requirements and
coordination with NTIA in a future Public Notice.[^22] Ongoing
coordination with NTIA in developing the Federal Government/non-Federal
Government coordination process has resulted in refinements to the
required link data. Certain refinements will facilitate efficient
coordination using NTIA's automated system. Specifically, it was
determined that EIRP(dBm), Receiver Latitude (ddmmss.s), Receiver
Longitude (dddmmss.s), Receiver Noise Figure (dB), and Polarization are
needed. Other data elements were determined to be redundant and
therefore will not be required, namely Bandwidth,[^23] Path Distance,
and Data Type.[^24] Finally, Path Status, Proposed Date, and Inception
Date will not be required because the filing date and IRAC coordination
dates will automatically be recorded in ULS.

The process for link registration and coordination with NTIA prior to
the implementation of NTIA's automated system and the appointment of
third party database managers is referred to in this Pubic Notice as the
"interim link registration process." The process for link registration
and coordination with NTIA subsequent to the implementation of NTIA's
automated system is referred to in this Public Notice as the "permanent
link registration process."

**B. [Interim Process for Link Coordination and
Registration]{.underline}**

*[Notice: During the interim process -- all link registrations\
must be filed Electronically (in ULS) using the process described
below.]{.smallcaps}*

-   **[Effective Date for Interim Link Registration
    Process]{.underline}**

In the *Report and Order* the Commission specified that during the
interim link registration process, licensees would be permitted to
register links in ULS and coordination with NTIA would be accomplished
through the existing IRAC process. Licensees may not initiate link
registrations through ULS until after their non-exclusive nationwide
license application is granted.[^25] ULS will be ready to accept
electronic link registrations starting at 9:00 AM (EDT) on Monday, July
19, 2004. Registrations filed before that date and time will not be
processed. You must have a non-exclusive nationwide license before
initiating a link registration. (As discussed above, you can apply for a
non-exclusive nationwide license starting on June 21, 2004.)

-   **[How to File Individual Link Registrations under the Interim
    Process]{.underline}**

During the interim link registration process, individual links must be
registered with the Commission in ULS. Links will be coordinated with
NTIA through IRAC using the existing IRAC coordination process. FCC Form
601 has been revised to add Schedule M (Schedule for Link
Registration)[^26] to collect the necessary data elements as set forth
in the *Report and Order* and this Public Notice. To register a link,
licensees must file electronically using FCC Form 601 Main Form and
Schedule M. During the interim process, all link registrations must be
filed electronically in ULS.[^27] Upon initiating electronic filing by
entering their FRN and password, licensees will be presented with a list
of call signs assigned to their FRN. Licensees should click on the
non-exclusive nationwide (MM radio service) call sign under which they
intend to register links, and then click on the link labeled "Register
Links". Licensees should then click on the link labeled "Add New Link",
clicking on this link will step through the filing process for
registering a new link. This process must be repeated for each link that
is registered. Link registrations will not be placed on Public Notice as
a matter of routine unless they raise a matter of public significance,
*e.g.*, environmental concerns.[^28] If the proposed link requires
environmental assessment, is located in a quiet zone, or is in an area
subject to international coordination, the licensee should specify so on
the FCC Form 601 Schedule M and provide any necessary information in
accordance with the instructions and FCC Rules. The ULS electronic form
performs edit checks as information is entered. If ULS finds an error,
it may not allow the application to be submitted until the error has
been corrected.

When an individual link has been successfully coordinated with IRAC and
is approved the licensee will be notified by letter that their link
registration has been posted in ULS as accepted. Individual link
registrations will be available for public inspection through ULS
electronically. However, the printed copy of the non-exclusive
nationwide license will not be updated to reflect link registrations and
will not be re-issued when individual links are registered with that
call sign.

-   **[How to Coordinate Links with NTIA/IRAC During the Interim
    Process]{.underline}**

The FCC will coordinate links with NTIA/IRAC. Licensees need not provide
any special information or take any special action other than filing the
FCC Form 601 Main Form and Schedule M as described above. If during the
NTIA/IRAC coordination process it is determined that additional
information is required to complete that process, the link registration
will be "returned" to the licensee. If the licensee provides the needed
information within 60 days of the date of the "return notice," it will
keep its original filing date for that registration unless the new
information modifies the link registration, in which case the filing
date will be advanced to the filing date of the new information. If the
licensee fails to timely provide the information within 60 days of the
return notice, the link registration will be dismissed.

-   **[Interference Protection Date and Interference Dispute
    Resolution]{.underline}**

In establishing the link registration process, the Commission adopted
the standard by which interference disputes are to be resolved.
Specifically, the Commission stated that, "\[f\]or the purpose of
non-Federal Government licensee interaction with each other, instead of
requiring prior coordination of all prospective links, we will institute
the link registration mechanism...which will provide priority based on
date/time of application in any cases in which interference may
arise."[^29] Thus, during the interim link registration process, the
date on which the FCC Form 601 Main Form and Schedule M are submitted to
the Commission in a state acceptable for filing will be used as the
first-in-time interference protection date while the application is
coordinated with NTIA through the existing IRAC coordination process. If
the link is cleared via the coordination process, interference
protection will become effective based on the first-in-time date
established by the aforementioned filing date of the FCC Form 601 Main
Form and Schedule M. If at any time the link registration is found to be
defective or cannot be successfully coordinated with IRAC, the link
registration will be dismissed and the interference protection date
rendered ineffective. If the applicant re-files its link registration
request, the interference protection date will be established by the
date that the new request is received at the Commission in a state
acceptable for filing.

During the coordination process, licensees may be asked to provide
additional information to facilitate coordination with NTIA. In these
circumstances the licensee will be given 60 days to provide the
requested information. If the licensee responds with the requested
information within the required time frame, and does not make any
changes to the data on FCC Form 601 Schedule M, the initial
first-in-time interference protection date will be preserved.

Pursuant to our delegated authority set forth in the *Report and Order*,
*see* note Error: Reference source not found, *supra,* we will assign a
new interference protection date whenever there is a change to the
technical data on an individual link. In cases in which the modification
does create new interference, the licensee whose links are already
registered will be protected against the licensee who modified its
links. This is consistent with the Commission's desire to ensure that
the system of licensing and link registration adequately protects those
that have diligently engineered their systems to bring service to the
public unencumbered by either regulation or harmful interference.[^30]
To ensure an orderly, reliable and streamlined link registration system,
we believe first-in-time protection rights can only be established and
enforceable for a link that can or ultimately will be constructed. For
example, we do not want a licensee arbitraging high value paths (such as
in urban areas like New York City) by filing link registrations to
preserve first in time protections against its competitors for those
paths, and then later making conforming modifications to meet particular
business needs. Further, even where modifications are necessary (for
example, during the NTIA coordination process), we are concerned that a
licensee may displace or compete with another licensee's first in time
protection with even the most minor of changes to the technical
parameters of a link. In cases in which the modification causes no new
interference, the new interference protection date will have no
practical effect on the licensee's first-in-time rights.

Should a licensee receive interference from another licensee, the
licensee experiencing the harmful interference shall follow the
interference resolution procedures outlined in Section 101.105 of the
Commission's Rules (*e.g.*, notify the licensee believed to be causing
the interference and shall supply information describing its problem and
supporting its claim).[^31] The licensee who has the earlier
interference protection date is to be protected against later filed link
registrations. The licensee causing the interference shall respond
immediately and make every reasonable effort to identify and resolve the
conflict. Prior links shall be protected in accordance with the
interference criteria specified in Section 101.147(z)(2).[^32] Licensees
are encouraged to resolve the harmful interference before seeking
resolution from the Commission.[^33]

-   **[Modifications and Amendments to Link Registrations]{.underline}**

*[Notice: Any change to technical data on a link registration\
will result in a new interference protection date.]{.smallcaps}*[^34]

Licensees must electronically file FCC Form 601 Main Form and Schedule M
to modify the technical data on an individual link registration. Upon
initiating electronic filing by entering their FRN and password ,
licensees will be presented with a list of call signs assigned to their
FRN. Licensees should click on the non-exclusive nationwide (MM radio
service) call sign containing the link they wish to modify, and then
click on the link labeled "Register Links". Licensees will then be
presented with a list of links associated with that license. Links can
be modified by clicking on the desired link. This process must be
repeated for each link that is modified. To amend the technical data on
an individual link registration which has not yet been approved,
licensees will be required to file FCC Form 601 Main Form and Schedule
M. Upon initiating electronic filing by entering their FRN and password,
licensees will be presented with a list of call signs assigned to their
FRN. Licensees should click on the link labeled "My Applications" and
then click on the link labeled "Pending" to display a list of
applications which can be amended. An application can be amended by
clicking on the file number of the desired application and then clicking
on the link labeled "Update". Under electronic filing, the previously
entered data from FCC Form 601 Schedule M will be displayed and the
licensee will be allowed to change the data. This process must be
repeated for each link that is amended.

-   **[Transfer and Assignment of Registered Links]{.underline}**

Transfer or assignment of a non-exclusive nationwide license,[^35]
unless otherwise specified, will include all links registered under that
call sign. The ability to file for partial assignment of individual link
registrations will not be available in ULS on July 19, 2004, the date
that ULS will be ready to accept link registration filings from
licensees. However, by future Public Notice, the Bureau will announce,
pursuant to its delegated authority, *see* note Error: Reference source
not found, *supra,* procedures for assignment of individual link
registrations from one non-exclusive nationwide call sign to another.

**C. [Permanent Process for Link Coordination and
Registration]{.underline}**

*[Notice: The effective date And details of the permanent process\
will be announced in a future public notice.]{.smallcaps}*

Under the permanent process, link registrations will be made on a
non-FCC registration database and NTIA will have an automated
coordination system. Three things must occur before the permanent
process can become effective. First, the Database Managers must be
selected. Second, the Database Managers must have the registration
database system completed. Third, NTIA's automated coordination system
must be operational. In this connection, the following is a general
update on the status of these endeavors.

The Bureau is reviewing four proposals, and comments thereto, submitted
in response to the *Database Managers PN*. WTB will designate one or
more Database Managers, and such designation(s) will take effect upon
the execution by such Database Manager(s) and the WTB of a Memorandum of
Understanding that will, among other things, establish a timeline for
implementation of the registration database. Thereafter, the Bureau will
announce by public notice the names and addresses of the selected
Database Managers and the starting date for registering links through
the Database Manager(s).

NTIA is in the process of developing its automated coordination system,
which will enable near real time coordination of non-Federal Government
links with Federal Government operations. As indicated in the *Report
and Order*, it is anticipated that NTIA will have the initial version of
their automated system operational within four months of an agreement on
the framework of the coordination procedure.[^36] After the permanent
process becomes effective, links must be coordinated with NTIA through
NTIA's automated system. The technical parameters of the proposed link
will be entered into NTIA's automated system and NTIA's automated system
will give either a green light or a yellow light based on the proposed
parameters. If the proposed link receives a green light, then the
licensee can begin or complete its link registration process through a
Database Manager, and with limited exceptions[^37] no filing with the
Commission is necessary and the Database Manager will post the link
registration on the non-FCC registration database. If the proposed link
receives a yellow light, an FCC Form 601 and Schedule M will need to be
filed with the Commission. In the case of a yellow light, the link will
require further coordination with NTIA through the existing IRAC
process. By comparison, during the interim process, the FCC will
coordinate *every* link through the existing NTIA/IRAC process.

The effective date and additional details of the permanent process
described herein will be announced by future Public Notice after the
prerequisites discussed above have been completed.

# FILING AND REGULATORY FEES 

-   **[Applications Associated with Nationwide, Non-exclusive
    License]{.underline}**

-   **[Link Registrations on ULS during the Interim
    Process]{.underline}**

> *[Notice: New fee rates will be effective August 10, 2004. For filings
> on or after August 10, 2004,]{.smallcaps}*[^38] *[applicants and
> licensees must check the Wireless Telecommunications Bureau Fee Guide
> for the current fees.]{.smallcaps}*[^39]

The 70-80-90 GHz bands are licensed for microwave point-to-point
operations (common carrier or private operational fixed)[^40] which are
subject to filing fees under Section 1.1102 and regulatory fees under
Sections 1.1152 or 1.1154, as applicable.[^41] Certain applicants are
exempt from filing and/or regulatory fees.[^42] Nonexempt applicants for
new, non-exclusive nationwide licenses will be subject to microwave
service filing and regulatory fees as follows:

-   New license applications must use fee type code CJPR.[^43]
    Currently, the combined fee is \$470.

-   Modification of license applications must use fee code CJPM.
    Currently, the filing fee is \$220.

-   Assignments of Authorization and Transfers of Control applications
    must use fee code CCPM for the first call listed on the application
    and CAPM for each additional call sign listed. Currently, the filing
    fee is \$80 for the first call sign and \$50 for each additional
    call sign.

-   Individual link registrations on ULS are not subject to a filing
    fee.

# EQUIPMENT AUTHORIZATION/VERIFICATION PROCEDURES 

Rules relating to marketing of radiofrequency devices and equipment
authorization procedures contained in Part 2, Subparts I and J,
respectively, apply to licensed and unlicensed equipment operating in
the 71-95 GHz bands.

# FURTHER INFORMATION OR ASSISTANCE

Questions regarding the application filing and link registration
procedure outlined in this public notice may be directed to the ULS
Hotline at 1-888-CallFCC Option #2. Questions regarding this Public
Notice may be directed to Cheryl Black or Stephen Buenzow, Broadband
Division, WTB, 717-338-2687.

Action by the Chief, Broadband Division, Wireless Telecommunications
Bureau. **- FCC -**

[^1]: In a *Report and Order* released November 4, 2003 (adopted October
    16, 2003), the Commission adopted rules for both unlicensed (Part
    15) and licensed (Part 101) use of portions of these bands.
    Allocations and Service Rules for the 71-76 GHz, 81-86 GHz and 92-95
    GHz Bands, WT Docket No. 02-146, *Report and Order*, 18 FCC Rcd
    23318 (2003) (*Report and Order*) (*recon. pending*). The instant
    Public Notice concerns licensed use of the bands, which involves all
    of the bands except for 100 megahertz of spectrum at 94.0-94.1 GHz.
    For convenience only, we refer to the licensed spectrum herein as
    "the bands," "the Millimeter Wave 70/80/90 GHz Radio Service," or
    "the 71-95 GHz bands"; such references do not include 94.0-94.1 GHz.
    *See* note Error: Reference source not found, *infra*.

[^2]: On February 23, 2004, The Wireless Communications Association
    International, Inc. filed a petition for reconsideration of certain
    aspects of the *Report and Order*. That petition will be handled by
    separate order, and the issuance of this Public Notice is not
    intended to prejudge or resolve any of the issues raised by the
    petitioner.

[^3]: In the context of spectrum management, "Federal Government" refers
    to use by the Federal Government and "non-Federal Government" refers
    to use by private entities and state and local governments. *See
    Report and Order*, 18 FCC Rcd at 23319 n.3.

[^4]: For a brief description of important propagation characteristics
    of these frequency bands and their potential uses, see Allocations
    and Service Rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz Bands,
    WT Docket No. 02-146, *Notice of Proposed Rule Making*, 17 FCC Rcd
    12182, 12185-87 (2002).

[^5]: The 71-76 GHz, 81-86 GHz and 92-95 GHz bands are allocated to both
    Federal Government and non-Federal Government users on a co-primary
    basis, except the 94.0-94.1 GHz portion, which is allocated for
    exclusive Federal Government use. *See generally Report and Order*,
    18 FCC Rcd at 23322-31.

[^6]: *See, e.g.,* 47 C.F.R. §§ 101.147(z) (sites may not operate until
    NTIA approval is received); 101.511 (authorization will be granted
    upon proper application filing and link coordination in accordance
    with the Commission's rules); 101.1523 (sharing and coordination
    among non-Federal Government licensees and between non-Federal
    Government licensees and Federal Government services).

[^7]: *See* Public Notice, DA 04-672 (WT Docket No. 02-146) released
    March 12, 2004 (*Database Manager PN)*.

[^8]: *See Notice*, Establishment of a Frequency Assignment Coordination
    Web Site, National Telecommunications and Information
    Administration, 68 FR 74218 (Dec. 23, 2003). In the interim, NTIA
    has made available a web site which will provide information
    regarding the status of applications in the 71-95 GHz bands that
    have been submitted to NTIA for coordination. *See*
    [http://ntiacsd.ntia.doc.gov/webcoord/status.cfm]{.underline}.

[^9]: *See id.* The classified nature of some Federal Government
    operations precludes the use of a public database containing both
    Federal Government and non-Federal Government links. *See Report and
    Order,* 18 FCC Rcd at 23340 ¶ 48.

[^10]: The Database Managers will assist in resolution of interference
    disputes using the interference protection dates of the affected
    parties. (*See Database Manager PN* for more complete details of the
    responsibilities of the Database Managers*.)* If unsatisfied with
    the outcome of that process, and after 30 days have passed, a
    licensee may seek Commission assistance in resolution of the
    dispute. *Report and Order* at ¶ 58*.*

[^11]: *Report and Order* at ¶ 59. *See also* 47 C.F.R. § 101.1523(b).

[^12]: *See* note Error: Reference source not found, *supra* and
    accompanying text.

[^13]: Pursuant to Section 1.913(d) of the Commissions Rules certain
    categories of applicants are permitted to file their license
    applications manually. However, the Bureau urges all applicants to
    file electronically using ULS because "\[l\]icensees who continue to
    file applications manually risk dismissal of their applications for
    routine errors." *See* Wireless Telecommunications Bureau Revises
    and Begins Phased Implementation of its Unified Policy for Reviewing
    License Applications and Pleadings, *Public Notice*, 14 FCC Rcd
    11182, 11186 (WTB 1999). The Bureau has noted that "\[m\]any of the
    filing errors routinely made by applicants involve missing
    signatures, missing or invalid answers to mandatory questions,
    missing or incorrect fees, and technical information inconsistent
    with the applicant's authorization," and that using the ULS would
    nearly eliminate the filing of applications with these types of
    errors because the applicant receives real-time feedback online and
    is prompted to and must correct errors prior to submitting the
    application electronically." *Id.* at 11185.

[^14]: The FCC Registration Number (FRN) is the 10-digit number assigned
    to all entities (individual and corporate) that transact business
    with the FCC (including via ULS) and is not to be confused with the
    "link registrations" discussed in Section III of the instant Public
    Notice. Applicants can obtain an FCC Registration Number (FRN) using
    the Wireless Telecommunications Bureau web site at
    http://wireless.fcc.gov/ and select "CORES/Call Sign Registration"
    from the right hand menu under the heading of Licensing.

[^15]: Applicants must consult and follow FCC Form 601-Instructions.

[^16]: *See* 47 C.F.R. §101.147(z)(1).

[^17]: *See* 47 C.F.R. §§ 1.945(b)(c).

[^18]: *See* *id.* at § 1.945(b); *see also* 47 C.F.R. § 1.939(a)(2)
    (petitions to deny common carrier applications must be filed no
    later than 30 days after the date of the Public Notice listing such
    applications as accepted for filing).

[^19]: Ordinarily, in requesting authority to offer both common carrier
    and non-common carrier service, an applicant would choose to file a
    single FCC Form 601 and enter Codes C and N on it in response to
    Item 35. However, the entire application would be processed under
    the "common carrier" track, *i.e*., the "notice and 30-day waiting
    period" of Section 1.945(b), because system limitations preclude us
    from processing the non-common carrier request separately when filed
    on the same form as the common carrier request.

[^20]: *Report and Order* at ¶ 87.

[^21]: *See* discussion of transfer and assignment of registered links
    at 9*, infra.*

[^22]: *Report and Order* at ¶ 59.

[^23]: Transmitter Emission Bandwidth will be collected as part of the
    Transmitter Emission Designator.

[^24]: Data Type will be collected as part of the Transmitter Emission
    Designator consistent with the ITU format for emission designators.
    *See also* Section 2.201 of the Commission's Rules.

[^25]: *See* discussion of non-exclusive nationwide license filing
    procedures at 4, *supra.*

[^26]: Schedule M is the new FCC Schedule that must be used for link
    registration. The form may be accessed for electronic filing through
    ULS, downloaded from the FCC forms page at
    http://www.fcc.gov/formpage.html, or ordered from the Forms
    Distribution Center at 1-800-418-3676.

[^27]: *See* 47 C.F.R. § 101.147(z)(1) (registration is on a first-come,
    first served basis in ULS); 47 C.F.R. § 1.907 ("Universal Licensing
    System (ULS) is the consolidated database, application filing
    system, and processing system for all Wireless Radio Services. ULS
    supports electronic filing of all applications and related documents
    by applicants and licensees in the Wireless Radio Services, and
    provides public access to licensing information.").

[^28]: *See, e.g.,* 47 C.F.R. § 1.933(a)(3) (categories of information
    of public significance include special environmental considerations
    as required by Part 1, FCC Rules).

[^29]: *Report and Order* at ¶ 45.

[^30]: In the *Report and Order*, the Commission stated that, "The
    overarching purpose of our requirements...concerning link
    construction, modification, and discontinuance, is to ensure that
    spectrum is put to use and to maintain the integrity of the
    information in the relevant databases by correctly reflecting the
    actual record concerning these issues." *Id.* at ¶ 80. Notably, in
    establishing both the construction and loading deadlines, the
    Commission barred the use of the initial link registration date for
    interference protection where the licensee fails to meet its
    regulatory obligations. *Id.* at n.204 and ¶ 81.

[^31]: 47 C.F.R. § 101.105.

[^32]: *See* 47 C.F.R. § 101.147(z)(2).

[^33]: *See* 47 C.F.R. §101.105(e).

[^34]: *See* "Interference Protection Date and Interference Dispute
    Resolution," at 6-7, *supra.*

[^35]: *See* "Transfer and Assignment of Non-exclusive Nationwide
    Licenses," at [6](#individual-link-registration-and-coordination) ,
    *supra.*

[^36]: *Report and Order* at ¶ 59.

[^37]: Filing with the Commission is required even in the event of a
    green light when the application requires environmental assessment,
    is located in a quiet zone, or is in an area subject to
    international coordination.

[^38]: The Commission adjusts filing and regulatory fees periodically as
    required by several statutes, *see* 47 U.S.C. §§ 158(b)(1),
    159(b)(2), and the fee amounts shown in the instant Public Notice
    will change on August 10, 2004.

[^39]: See http://www.fcc.gov/fees/appfees.html and click on the link to
    the 2004 Wireless Telecommunications Bureau Fee Filing Guide, or
    call 1-888-225-5322, Option 2.

[^40]: *See, e.g.*, 47 C.F.R. § 101.101, *see also R&O* at ¶¶ 88-89
    (Commission decided that licensed operations in the 70-80-90 GHz
    bands should be regulated under Part 101, Fixed Microwave Services).

[^41]: *See* 47 C.F.R. §§ 1.1102 (items 5 and 12 set filing fees for
    private operational fixed Microwave and common carrier Microwave
    point-to-point, respectively); 1.1152 (item 2 sets regulatory fee
    for Microwave (47 C.F.R. Part 101) Private); 1.1154 (item 1 sets
    regulatory fee for common carrier Microwave (Domestic Public
    Fixed)). Additional information about the fees associated with
    microwave services is available in the Wireless Telecommunications
    Bureau Fee Guide. See "Wireless Telecommunications Bureau Fee Filing
    Guide" Effective September 11, 2003
    ([http://www.fcc.gov/Forms/Form1070/2003/2003feeguide.pdf]{.underline}).

[^42]: *See* 47 C.F.R. §§ 1.1114, 1.1162 (exemptions from filing and
    regulatory fees, respectively).

[^43]: The filing and regulatory fees are the same for new or modified
    common carrier and private operational fixed microwave. We are
    requiring all feeable applications to specify common carrier fee
    codes for administrative convenience. Applicants identify their
    actual regulatory status on Form 601, Item 35. *See, e.g.*, note
    Error: Reference source not found *supra*, and accompanying text.