**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | ET Docket No. 00‑258         |
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| Amendment of Part 2 of the       | ** | WT Docket No. 02‑8           |
| 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                          | *) |                              |
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| Amendments to Parts 1, 2, 27 and |    |                              |
| 90 of the Commission\'s Rules to | *  |                              |
| License Services in the          | *) |                              |
| 216‑220 MHz, 1390‑1395 MHz,      | ** |                              |
| 1427‑1429 MHz,                   |    |                              |
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| 1429‑1432 MHz, 1432‑1435 MHz,    | *) |                              |
| 1670‑1675 MHz, and 2385‑2390 MHz | ** |                              |
| Government Transfer Bands        |    |                              |
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+----------------------------------+----+------------------------------+

**[FOURTH NOTICE OF PROPOSED RULEMAKING]{.underline}**

**Adopted: June 13, 2003 Released: July 7, 2003**

**Comments date: \[60 days from date of publication in the Federal
Register\].**

**Reply comments date: \[90 days from date of publication in the Federal
Register\].**

By the Commission: Commissioner Copps issuing a separate statement

Table of Contents

Paragraph

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

II\.
BACKGROUND.....................................................................................................
3

III\.
DISCUSSION.......................................................................................................
11

A. Current Uses of the Band 1710-1850
MHz................................................................. 11

B. The *2002 Viability
Assessment*...............................................................................
14

C. The Band 2025-2110
MHz.................................................................................\...
16

 1. Current
Uses................................................................................................
16

2\. NTIA's
Conclusion.........................................................................................
21

3\. Comments on NTIA's
Conclusion.......................................................................
22

4\.
Proposals................................................................................................\...\...
26

D. The Band 2360-2400
MHz....................................................................................
39

1\.
Background..................................................................................................
39

2\.
Comments...................................................................................................
46

3\.
Proposals....................................................................................................
50

IV\. PROCEDURAL
MATTERS......................................................................................
63

A. Initial Regulatory Flexibility
Analysis......................................................................
63

B. *Ex Parte* Rules -- Permit-But-Disclose
Proceeding........................................................ 64

C.
Comments...................................................................................................\....
65

D. Contact
Person.................................................................................................
68

V. ORDERING
CLAUSES...........................................................................................
69

APPENDIX A: Proposed Rules

appendix b: Initial Regulatory Flexibility Analysis

APPENDIX C: Commenters to the *2002 Viability Assessment*

# I. INTRODUCTION

1.  By this action, we propose to make spectrum available for Federal
    Government operations that will be displaced from the band
    1710‑1850 MHz as a result of making the 1710‑1755 MHz segment
    available to support the introduction of new non‑Federal Government
    advanced wireless services ("AWS"), including third generation
    wireless ("3G") systems.[^1] These proposals are consistent with the
    U.S. Department of Commerce's *2002 Viability Assessment*, the
    implementation of which would substantially clear the band
    1710‑1755 MHz of Federal Government operations that would have
    otherwise impeded the development of new nationwide AWS
    services.[^2] Specifically, we propose to allow the U.S. Department
    of Defense ("DOD") to use the band 2025‑2110 MHz, on a co‑equal,
    primary basis with non‑Federal Government operations, for earth
    stations at 11 sites that support military space operations (also
    known as tracking, telemetry, and commanding or "TT&C").[^3] Over
    time, DOD access to the band 2025-2110 MHz for TT&C Earth‑to‑space
    transmissions ("uplinks") may make more spectrum available in the
    band 1755‑1850 MHz for absorbing certain DOD systems displaced from
    the band 1710‑1755 MHz.[^4] In addition, we propose to permit the
    military services to operate stations in the fixed and mobile except
    aeronautical mobile services in the band 2025‑2110 MHz on a
    secondary basis at six sites in the southwestern region of the
    United States.[^5]

2.  We also propose to make numerous allocation changes to the band
    2360‑2400 MHz, the most significant of which would rescind the
    recent establishment of Wireless Communications Services ("WCS") at
    2385‑2390 MHz, allow Federal and non-Federal Government flight test
    stations to operate in the band 2385‑2395 MHz,[^6] and no longer
    make the band 2390‑2400 MHz available for use by unlicensed Personal
    Communications Services ("PCS") devices. These allocation changes
    would permit DOD to relocate all aeronautical mobile systems out of
    the band 1710‑1755 MHz, which is a major objective for facilitating
    the introduction of AWS. In addition, these allocation changes would
    provide needed replacement spectrum for use by DOD and commercial
    flight test stations, which may shortly lose access to the 35
    megahertz of spectrum at 1525-1535 MHz and 2320-2345 MHz.[^7]
    Specifically, with regard to the Federal Government Table of
    Frequency Allocations, we propose: (1) to allocate the band
    2385‑2390 MHz to the mobile and radiolocation services on a primary
    basis and to the fixed service on a secondary basis; (2) to allocate
    the band 2390‑2395 MHz to the mobile service on a primary basis;
    and (3) to limit use of the primary mobile service allocation at
    2360‑2395 MHz to aeronautical mobile applications,[^8] except that
    other mobile uses may be authorized on a secondary basis to
    aeronautical mobile applications. With regard to the Non‑Federal
    Government Table of Frequency Allocations, we propose: (1) to
    allocate the band 2390-2395 MHz to the mobile service on a primary
    basis, (2) to limit use of the existing mobile service allocation in
    the band 2385‑2390 MHz and the proposed mobile service allocation in
    the band 2390-2395 MHz to flight test stations,[^9] and (3) to
    delete the unused fixed service allocation from the band
    2385‑2390 MHz. In addition, we propose to no longer make the band
    2390‑2400 MHz available for use by unlicensed Personal
    Communications Services ("PCS") devices. Consequently, we propose to
    rescind the WCS service rules for the band 2385‑2390 MHz and to
    rescind the technical rules for unlicensed PCS operations in the
    band 2390‑2400 MHz.

# II. BACKGROUND

3.  In the Omnibus Budget Reconciliation Act of 1993 ("OBRA‑93"), the
    Congress directed the Secretary of Commerce to identify at least
    200 megahertz of spectrum below 5 GHz for transfer to non‑Federal
    Government services.[^10] In response, the National
    Telecommunications and Information Administration ("NTIA")
    identified 235 megahertz, including the bands 1710‑1755 MHz and
    2390‑2400 MHz, for such transfer.[^11] At that time, the band
    1710‑1755 MHz, which was a Federal Government exclusive band, was to
    be reallocated as a mixed‑use band.[^12] Specifically, Federal
    Government use of the band 1710‑1755 MHz was to be protected
    indefinitely at 333 fixed microwave stations used by Federal power
    agencies, at 111 stations used for aviation‑related safety
    communications, and at 16 sites used by DOD for fixed point-to-point
    microwave, tactical radio relay, aeronautical mobile stations,
    *etc.*[^13] In 1995, the Commission reallocated the band
    2390‑2400 MHz to the amateur service on a primary basis and also
    made this band available for use by unlicensed PCS devices.[^14] We
    have recently reallocated the band 1710‑1755 MHz to the fixed and
    mobile services on a co‑primary basis to support the introduction of
    new AWS services. Concurrently, we provided that certain Federal
    Government operations have primary status at two sites and that
    other Federal facilities will be protected during a transition
    period.[^15]

4.  In the Balanced Budget Act of 1997 ("BBA‑97"), the Congress directed
    the Secretary of Commerce to identify an additional 20 megahertz of
    spectrum below 3 GHz for transfer from Federal Government to
    non‑Federal Government use to be assigned in compliance of Section
    309(j) of the Communications Act of 1934, as amended.[^16] In
    response, NTIA identified six frequency bands, including the band
    2385‑2390 MHz.[^17]

5.  On January 8, 1999, the Wireless Information Networks Forum
    ("WINForum") filed a Petition for Rulemaking requesting, *inter
    alia*, that the technical rules for unlicensed use of the band
    2390‑2400 MHz be revised.[^18] Specifically, WINForum requests that
    we include an alternative set of access rules that do not require
    "listen before transmit" protocol.

6.  In the *27 Megahertz Allocation R&O*, we reallocated the band
    2385‑2390 MHz from Federal/non‑Federal Government shared use to
    non‑Federal Government exclusive use, effective January 1,
    2005.[^19] In the *27 Megahertz Service Rules R&O*, we made the band
    2385‑2390 MHz available for use under WCS and established service
    rules for operation in this band.[^20] The Aerospace and Flight Test
    Radio Coordinating Council ("AFTRCC") and XM Radio Inc. ("XM Radio")
    each filed a petition for partial reconsideration of the WCS service
    rules adopted for the band 2385‑2390 MHz.[^21]

7.  On July 23, 2002, the U.S. Department of Commerce released the *2002
    Viability Assessment*, wherein NTIA concluded that, if certain
    actions are accomplished, the band 1710‑1755 MHz can be reallocated
    for AWS use without disrupting communications systems critical to
    national security and that this 45 megahertz can be paired with
    45 megahertz of spectrum from the band 2110‑2170 MHz.[^22]
    Specifically, the *2002 Viability Assessment* states that the band
    1710‑1755 MHz could be substantially cleared of Federal Government
    systems, including all of the 444 protected fixed microwave stations
    and much of the operations at the 16 protected sites.[^23] It also
    sets forth a list of actions that need to be accomplished in order
    for the band 1710‑1755 MHz to be made available for the
    accommodation of AWS. These required actions are listed in Section
    III.B, below. On July 24, 2002, we sought comment on the *2002
    Viability Assessment*.[^24] Nineteen parties filed comments in this
    regard; however only AFTRCC; the Association for Maximum Service
    Television, Inc. and the National Association of Broadcasters
    ("Joint Broadcasters"); the Cellular Telecommunications & Internet
    Association ("CTIA"); Motorola, Inc. ("Motorola"); and Sirius
    Satellite Radio Inc. and XM Radio ("Satellite Radio Licensees")
    addressed either the band 2025‑2110 MHz or the band
    2360‑2400 MHz.[^25]

8.  On September 18, 2002, we adopted a *Notice of Proposed Rule Making*
    in ET Docket No. 02-305 ("*Above 28 MHz NPRM*").[^26] Among the
    issues raised in that proceeding were the future status of
    aeronautical telemetry operations in the bands 1525-1535 MHz and
    2320-2345 MHz. In their comments on the *Above 28 MHz NPRM*, neither
    AFTRCC nor the Boeing Company ("Boeing") oppose the deletion of the
    aeronautical telemetry allocations from the bands 1525-1535 MHz and
    2320-2345 MHz.[^27] In particular, we observe that Boeing avers that
    neither band remains usable for aeronautical telemetry operations
    due to Commission decisions to permit other services to operate in
    this same spectrum.[^28]

9.  On November 7, 2002, we adopted a *Second Report and Order* in ET
    Docket No. 00‑258, wherein we took significant steps in our
    continuing effort to identify and allocate spectrum to support AWS.
    Specifically, we allocated 90 megahertz of spectrum at 1710‑1755 MHz
    and 2110‑2155 MHz that can be used for AWS.[^29] In this proceeding,
    we propose herein to allocate spectrum that would support the
    relocation of certain Federal Government operations from the band
    1710‑1755 MHz, thereby clearing this spectrum for nationwide AWS
    use.[^30]

10. On January 29, 2003, we adopted a *Third Report and Order, Third
    Notice of Proposed Rulemaking, and Second Memorandum Opinion and
    Order* in ET Docket No. 00-258.[^31] In that action, we proposed,
    *inter alia*, to redesignate between 5 and 10 megahertz of spectrum
    in the band 1910‑1920 MHz from unlicensed PCS to AWS.

# III. DISCUSSION

A. Current Uses of the Band 1710‑1850 MHz

11. Prior to the recent reallocation of the 1710‑1755 MHz segment to
    accommodate AWS, the entire band 1710‑1850 MHz was allocated to the
    fixed and mobile services on a co‑primary basis for Federal
    Government exclusive use. The band 1710‑1850 MHz is the Federal
    Government's general purpose, long‑range, low‑capacity,
    point‑to‑point microwave band.[^32] In addition, the military
    services use the band 1710-1755 MHz for a type of temporary fixed
    service called tactical radio relay ("TRR") systems.[^33] In a March
    2001 report, NTIA stated that the number of assignments in the
    1710‑1755 MHz portion of this band has been decreasing due to the
    migration of Federal fixed point-to-point facilities from the band
    because of OBRA‑93.[^34] For example, some Federal agencies have
    begun to relocate fixed point‑to‑point links from the band
    1710‑1755 MHz to the band 1755‑1850 MHz. NTIA states that as of
    January 2001 there were 1825 total assignments in the band
    1710‑1755 MHz, of which 1670 were fixed assignments.[^35] Our recent
    review of NTIA's license database finds that use of the band
    1710‑1755 MHz has declined to a total of 1687 assignments, of which
    1493 are fixed assignments.[^36] In sum, NTIA has determined that
    there is sufficient Federal Government spectrum for the relocation
    of fixed point-to-point links out of the band 1710‑1755 MHz and
    Federal agencies have begun the migration.[^37] In the *AWS Second
    Report and Order*, we recently adopted footnote US378, which
    authorizes TRR systems to operate in the band 1710-1755 MHz on a
    primary basis at two sites and on a secondary basis at 14
    sites.[^38]

12. There is also extensive mobile use of the band 1710‑1850 MHz.[^39]
    Mobile systems include aeronautical mobile systems, precision guided
    weapons, high resolution video links, deployable emergency
    communications systems, combat identification systems, mobile
    tactical voice and data systems, robotic control functions, and
    target scoring systems.

13. The 1761‑1842 MHz segment is used for TT&C uplinks.[^40] DOD states
    that it uses the 1761‑1842 MHz segment as the only communications
    link for initial contact with newly launched satellites, for early
    orbit checkout of those satellites, and for emergency access to
    spinning/tumbling satellites. The band is also vital for command and
    control, mission data retrieval, navigational data uploads for the
    Global Positioning System ("GPS"), and on‑orbit maneuvering of many
    DOD satellites in all orbits from low earth to geostationary.[^41]
    In the *2002 Viability Assessment*, summarized below, NTIA points
    out that DOD will need to be granted access to the band
    2025‑2110 MHz on a co-equal, primary basis for DOD earth stations at
    selected sites that support DOD space operations. This affords an
    opportunity to increase the availability of access in the band
    1755‑1850 MHz for DOD systems displaced from the band 1710‑1755 MHz
    and to satisfy future DOD spectrum requirements. In this *Notice*,
    we propose actions that would further promote the clearing of the
    band 1710‑1755 MHz for the nationwide accommodation of AWS services.

    B. The *2002 Viability Assessment*

14. In the *2002 Viability Assessment*, NTIA states that, in general,
    relocating all DOD systems at the 16 protected sites from the band
    1710‑1755 MHz into the remaining band 1755‑1850 MHz is not feasible,
    given the existing and growing Federal Government operations in the
    band 1755‑1850 MHz.[^42] In particular, NTIA states that moving
    mobile, including aeronautical mobile, operations into the dense
    electromagnetic environment of the band 1755‑1850 MHz would restrict
    other potential deployments. The *2002 Viability Assessment*
    addressed actions required to make other spectrum available for
    relocated Federal systems. Below, we have reproduced the most
    significant portions of the *2002 Viability Assessment*. In general,
    the *2002 Viability Assessment* states that the band 1710‑1755 MHz
    can be used for the accommodation of AWS, if certain actions are
    accomplished. Specifically, except as provided below, Federal users
    of this band would relocate or modify their operations, not later
    than December 2008, or sooner depending on the nature of the radio
    communications. In order to achieve these outcomes, the following
    actions would be required:

\(1\) Reimbursement Funds: As required by the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 ("NDAA 99"), funds would
be made available by private sector entities receiving spectrum in the
band 1710‑1755 MHz for the cost of relocating or modifying all Federal
Government radio communications systems required to vacate or modify
their operations in the band 1710‑1755 MHz after an auction has taken
place.[^43]

\(2\) Federal Non‑Military Systems: NTIA would direct the relocation of
Federal non‑military systems from the band 1710‑1755 MHz to other
Federal Government bands. Federal agencies that operate systems that are
required to relocate under OBRA‑93 are entitled to reimbursement.
Federal agencies with protected assignments have agreed voluntarily to
relocate such assignments, if reimbursed.[^44] All such systems would be
relocated two years after availability of reimbursed funds, or sooner if
practicable.

\(3\) DOD Fixed Microwave Systems: DOD would relocate its conventional
fixed microwave systems from the band 1710‑1755 MHz to other frequency
bands within two years after reimbursement, but no later than December
2008, depending on the complexity of the relocated systems.

\(4\) DOD's 16 Protected Sites:

> \(a\) DOD Airborne Telemetry & Video Systems: Subject to the
> availability of reimbursement funds, DOD would relocate their airborne
> operations by December 2008 to other frequency bands, such as the
> Federal Government band 1755‑1850 MHz, the Federal/non‑Federal
> Government shared band 2360‑2385 MHz or other telemetry bands; or the
> band 2385‑2395 MHz under primary status provided as a result of a
> Commission rulemaking for Federal Government mobile use. NTIA will
> work with DOD to facilitate the introduction of new and relocated
> systems into the bands identified above.
>
> \(b\) DOD Ground‑based Systems: The Commission would accomplish the
> necessary rulemaking so that DOD ground‑based systems in the band
> 1710‑1755 MHz can remain on a secondary basis at all sites, but on a
> primary basis at the Cherry Point, NC, and Yuma, AZ sites for
> operations used in a manner similar to current operations at these
> protected sites. DOD ground‑based systems, other than Digital Wideband
> Transmission System ("DWTS") operations at Cherry Point and Yuma,
> which cannot adjust their operations to prevent interference to
> commercial users in the band 1710‑1755 MHz, will operate in the band
> 1755‑1850 MHz or on a "non‑interference, coordinated basis" in the
> band 1350‑2690 MHz.[^45] DOD ground‑based systems may operate in the
> band 2025‑2110 MHz on a secondary basis at six sites.[^46]

\(5\) Future DOD Requirements in the Band 1755‑1850 MHz: Considering
that DOD has future requirements to satisfy in the band 1755‑1850 MHz
plus the absorption of certain operations from the band 1710‑1755 MHz,
the Commission would conclude the necessary rulemaking by September 2004
to modify footnote US346 of the United States Table of Frequency
Allocations ("U.S. Table") to allow DOD the use of the band
2025‑2110 MHz on a co‑equal, primary basis for DOD TT&C earth stations
at 11 selected sites that support military space operations.[^47]
Co-equal, primary access for TT&C in the band 2025-2110 MHz may make
more spectrum available in the band 1755-1850 MHz to satisfy future DOD
spectrum requirements.

\(a\) DOD Precision Guided Munitions ("PGM") Operations: PGM operations
would continue in the band 1710‑1720 MHz on a primary basis until
inventory is exhausted or until December 31, 2008, whichever is earlier.

\(b\) Other DOD Systems: Other DOD systems (*e.g.*, unmanned ground
robotic systems, range timing distribution systems, and target scoring
devices) would relocate to the band 1755‑1850 MHz, or other bands as
available.

\(6\) Implementing Coordination: NTIA, DOD, the Commission, and industry
will establish a continuing process to facilitate sharing in the band
1710‑1755 MHz. It is anticipated that the Commission will complete the
necessary rulemakings to address the above conditions for making the
band essentially clear of DOD operations at the protected sites, as well
as reallocation of the band from Federal Government exclusive use to
both Federal and non‑Federal Government use on a mixed‑use basis. It is
expected that the early rollout of AWS will occur in the urban areas.
Assuming reimbursed funds are available, every effort will be made to
clear these areas first.

15. Below we address proposals that would permit military aeronautical
    mobile systems to relocate to the band 2360‑2395 MHz and that would
    permit military TT&C uplinks at 11 sites to operate in the band
    2025‑2110 MHz. If adopted, these actions would substantially clear
    the band 1710‑1755 MHz of Federal systems, thereby facilitating the
    introduction of new AWS, including 3G.

## C. The Band 2025‑2110 MHz

### 1. Current Uses

16. The band 2025‑2110 MHz is allocated to the fixed, mobile, space
    operation ("SOS"),[^48] Earth exploration‑satellite ("EESS"), and
    space research ("SRS") services on a co‑primary basis throughout the
    world.[^49] The SOS, EESS, and SRS allocations are limited to uplink
    and space‑to‑space transmissions,[^50] which have successfully
    shared the band 2025‑2110 MHz with low‑density electronic news
    gathering ("ENG") systems for many years. Because the introduction
    of high density or conventional land mobile systems would cause
    unacceptable interference to these space services, international
    footnote 5.391 prohibits administrations from introducing
    high‑density mobile systems (such as AWS) in this spectrum.[^51] In
    order to protect satellites in geostationary orbit ("GSOs"), ITU
    Radio Regulation No. 21.1 states that, as far as practicable, sites
    for transmitting stations in the fixed and mobile services that
    employ an equivalent isotropically radiated power ("e.i.r.p.")[^52]
    between 35‑45 dBW should be selected so that the direction of
    maximum radiation of any antenna will be separated from the
    geostationary arc by at least 2°.[^53]

17. In the United States, the band 2025‑2110 MHz is allocated to the
    fixed and mobile services on a primary basis for non‑Federal
    Government use. The Commission licenses the band 2025‑2110 MHz
    (commonly known as the 2 GHz BAS band) to the Television Broadcast
    Auxiliary Service ("BAS")[^54] and the Local Television Transmission
    Service ("LTTS") for fixed and mobile use and to the Cable
    Television Relay Service ("CARS") for mobile use only (together
    these three services will be referred to as BAS in this
    document).[^55]

18. The band 2025‑2110 MHz is also allocated to the EESS and SRS on a
    primary basis for Federal and non‑Federal Government use, limited to
    uplink and space‑to‑space transmissions.[^56] Further, the band
    2025‑2110 MHz is allocated to the SOS on a primary basis, for
    Federal Government use, limited to uplink and space‑to‑space
    transmissions. The Commission has adopted international power
    flux‑density ("pfd") limits at the Earth's surface for the band
    2025‑2110 MHz in order to protect non‑Federal Government terrestrial
    operations from satellite transmissions.[^57] The Commission has
    also adopted international footnote 5.391, thereby prohibiting
    high‑density mobile systems in the band 2025‑2110 MHz, which
    facilitates compatible operations between non‑Federal Government
    terrestrial transmitting stations and spacecraft receivers.

19. Recently, the Commission upgraded the Federal Government SOS, EESS,
    and SRS allocations in the band 2025‑2110 MHz from secondary to
    primary status and removed geographic site limitations.[^58] In
    doing so, the Commission also provides that these Federal Government
    space radiocommunication services must not constrain BAS deployment,
    except that geostationary operational environmental satellite
    ("GOES") earth stations in the 2025‑2035 MHz segment may continue to
    be authorized on a co‑equal, primary basis with BAS operations for
    TT&C uplink transmissions at three sites.[^59] This requirement is
    in footnote US346 of the U.S. Table,[^60] which reads as follows:

    US346 Except as provided by footnote US222, use of the band
    2025‑2110 MHz by the Government space operation service
    (Earth‑to‑space), Earth exploration‑satellite service
    (Earth‑to‑space), and space research service (Earth‑to‑space) shall
    not constrain the deployment of the Television Broadcast Auxiliary
    Service, the Cable Television Relay Service, or the Local Television
    Transmission Service. To facilitate compatible operations between
    non‑Government terrestrial receiving stations at fixed sites and
    Government earth station transmitters, coordination is required. To
    facilitate compatible operations between non‑Government terrestrial
    transmitting stations and Government spacecraft receivers, the
    terrestrial transmitters shall not be high‑density systems (see
    Recommendations ITU‑R SA.1154 and ITU‑R F.1247).

20. BAS, LTTS, and CARS use a common channel plan[^61] and common
    technical rules.[^62] The seven BAS channels are available for
    assignment to TV pickup ("TVPU"), TV studio‑transmitter link
    ("STL"), TV relay, and TV translator relay stations.[^63] While
    mobile (TVPU) stations are limited to an e.i.r.p. of 35 dBW, fixed
    stations (STL, TV relay, and TV translator relay stations) may
    transmit with an e.i.r.p. of up to 45 dBW. TV translator relay
    stations may be authorized to use frequencies in the band
    2025‑2110 MHz on a secondary basis to other BAS stations.[^64] Table
    1, below, shows a recent count of the number of call signs for
    different classes of stations in the 2 GHz BAS band.[^65]

+-------------------------------------------+--------------------------+
| > Table 1: Number of Call Signs in the    |                          |
| > 2 GHz BAS Band                          |                          |
+-------------------------------------------+--------------------------+
| Class of Station                          | > Number of Call signs   |
+-------------------------------------------+--------------------------+
| Number of call signs for mobiles &        | > 1262                   |
| temporary fixed                           |                          |
+-------------------------------------------+--------------------------+
| TV pickup (TP)                            | > 1213                   |
+-------------------------------------------+--------------------------+
| CARS mobile units (TR)                    | > 15                     |
+-------------------------------------------+--------------------------+
| Local Television Transmission (CT)        | > 18 mobile and/ or      |
| mobiles                                   | > temporary fixed        |
+-------------------------------------------+--------------------------+
| Local Television Transmission (CT)        | > 16 temporary fixed     |
|                                           | > only                   |
+-------------------------------------------+--------------------------+
| Number of call signs for fixed stations   | > 418                    |
+-------------------------------------------+--------------------------+
| TV Intercity Relay (TI)                   | > 260                    |
+-------------------------------------------+--------------------------+
| TV Studio Transmitter Link (TS)           | > 88                     |
+-------------------------------------------+--------------------------+
| Common Carrier Fixed Point‑to‑Point       | > 40                     |
| Microwave (CF)                            |                          |
+-------------------------------------------+--------------------------+
| TV Translator Relay (TT)                  | > 28                     |
+-------------------------------------------+--------------------------+
| TV Microwave Booster (TB)                 | > 1                      |
+-------------------------------------------+--------------------------+
| Aural Intercity Relay (AI)                | > 1                      |
+-------------------------------------------+--------------------------+
| Total Number of Licensed Links            | > 1680                   |
+-------------------------------------------+--------------------------+

2\. NTIA's Conclusion

21. In its *2002 Viability Assessment,* NTIA states DOD co-equal,
    primary access to the band 2025‑2110 MHz for TT&C uplinks may make
    more spectrum available in the band 1755‑1850 MHz for the relocation
    of Federal Government systems from the band 1710‑1755 MHz and for
    future DOD spectrum requirements. Therefore, NTIA requests that we
    modify footnote US346 to permit DOD to use the band 2025‑2110 MHz at
    11 sites, on a co‑equal, primary basis with non‑Federal Government
    operations, for earth stations that support military space
    operations. NTIA also requests that DOD ground‑based systems be
    permitted to operate in the band 2025‑2110 MHz on a secondary basis
    within 50 kilometers (31 miles) of China Lake and Fort Irwin,
    California; and within 80 kilometers (50 miles) of Nellis Air Force
    Base, Nevada; the Pacific Missile Test Range, Point Mugu,
    California; White Sands Missile Range, New Mexico; and Yuma,
    Arizona.

3\. Comments on NTIA's Conclusion

22. The Joint Broadcasters argue that BAS is essential to an effective,
    free broadcast television service.[^66] They state that (in the
    larger metropolitan areas) broadcasters intensively use all seven
    2 GHz BAS channels for:

-   ENG: Broadcasters use 2 GHz BAS spectrum on a shared, coordinated
    basis primarily to transmit live, "at the scene" news reports to
    local studios during and in preparation for local newscasts.

-   Special Events Coverage: Broadcasters use 2 GHz BAS spectrum to
    transmit point‑of‑view ("POV") camera transmissions to enhance
    special events coverage. Examples include blimp shots and
    "helmet‑cam" views during sporting events, live remote coverage of
    news events, and shots from roving reporters on the floor of
    political conventions or along parade routes.

-   STLs and Inter‑City Relays ("ICRs"): Often stations use
    point‑to‑point links in the 2 GHz BAS band to relay programming from
    the station's main studio to its transmitter site and also to
    deliver programming to other facilities.[^67]

23. At this initial stage, the Joint Broadcasters do not oppose NTIA's
    proposal to permit 11 DOD transmit earth stations access to the band
    2025-2110 MHz, but express a myriad of concerns.[^68] Paramount
    among these concerns is that permitting DOD access to the band
    2025-2110 MHz not disrupt or constrain BAS operations.[^69] The
    Joint Broadcasters argue that the *2002 Viability Assessment* does
    not fully define the technical parameters of DOD space
    operations.[^70] They submit that neither the Commission nor the
    television industry can make a meaningful assessment of the impact
    of the NTIA proposal until it provides specific information on all
    DOD systems it has earmarked for relocation. They therefore urge
    NTIA to disclose the technical parameters of the DOD earth station
    operations so that an assessment of their effects on BAS operations
    can be made.[^71] In addition, the Joint Broadcasters' state that
    their conditional acceptance of the DOD earth stations is premised
    on the assumption that this action will not result in the 2 GHz BAS
    band becoming "a dumping ground for wholesale relocation of DOD"
    systems.[^72] The Joint Broadcasters strongly urge both NTIA and the
    Commission not to alter the limited number of proposed DOD
    operations without full Commission and industry coordination.[^73]

24. Motorola supports reallocation of the band 2025‑2110 MHz for use by
    DOD TT&C earth stations on a co‑equal basis with existing BAS
    operations in that band.[^74] Motorola observes that such an action
    would more closely align U.S. spectrum use with global use for this
    band.

25. CTIA does not object to having the band 2025-2110 MHz allocated for
    Federal Government TT&C uplink use because the proposed use would be
    consistent with uses elsewhere in the world and thus would promote
    international harmonization. However, CTIA does not believe it
    necessary to make this allocation in order to substantially clear
    the band 1710-1755 MHz, and asks that any work we do with respect to
    the band 2025-2110 MHz not delay reallocation and service rules
    proceedings for the band 1710-1755 MHz.[^75] No party commented
    regarding NTIA's proposal to permit ground‑based systems to operate
    at 6 sites on a secondary basis.

4\. Proposals

26. We propose to revise footnote US346 to permit DOD to operate TT&C
    transmit earth stations at the 11 existing sites requested by NTIA
    on a co‑equal, primary basis with BAS operations in the band
    2025‑2110 MHz. The band 2025-2110 MHz is the principal TT&C uplink
    band outside of the United States and the proposed action would
    allow the military services to have access to it, thereby better
    harmonizing U.S. space operations with the rest of the world. We
    make this proposal so that the band 1710‑1755 MHz can be
    substantively cleared of Federal operations, thereby assisting in
    the introduction of new AWS, including 3G. Specifically, our
    proposal would give DOD the option of moving any or all of its TT&C
    uplinks at 11 specific sites up in frequency from 1761-1842 MHz to
    2025-2110 MHz in order to clear spectrum in a geographic area for
    military fixed and mobile systems, including those that must be
    relocated out of the band 1710-1755 MHz.[^76] If specific
    frequencies within the band 2025-2110 MHz are successfully
    coordinated, then that earth station would operate on a co-equal,
    primary basis with BAS. We believe that this action would provide a
    reasonable opportunity for clearing the band 1710‑1755 MHz for new
    nationwide AWS uses and that permitting DOD earth stations access to
    the band 2025‑2110 MHz would also provide greater use of the band
    2025-2110 MHz without a significant impact on incumbent operations.
    Accordingly, we propose to revise footnote US346 to read as follows:

> US346 Except as provided for below and by footnote US222, Federal
> Government use of the band 2025‑2110 MHz by the space operation
> service (Earth‑to‑space), Earth exploration‑satellite service
> (Earth‑to‑space), and space research service (Earth‑to‑space) shall
> not constrain the deployment of the Television Broadcast Auxiliary
> Service, the Cable Television Relay Service, or the Local Television
> Transmission Service. To facilitate compatible operations between
> non‑Federal Government terrestrial receiving stations and Federal
> Government earth station transmitters, coordination is required. To
> facilitate compatible operations between non‑Federal Government
> terrestrial transmitting stations and Federal Government spacecraft
> receivers, the terrestrial transmitters shall not be high‑density
> systems (see Recommendations ITU‑R SA.1154 and ITU‑R F.1247). Military
> satellite control stations at the following sites shall operate on a
> co‑equal, primary basis with non‑Federal Government operations:

+---------------------------------------------+----------+------------+
| Facility                                    | Coo      |            |
|                                             | rdinates |            |
+---------------------------------------------+----------+------------+
| Naval Satellite Control Network, Prospect   | 44° 24\' | > 068°     |
| Harbor, ME                                  | 55\" N   | > 00\'     |
|                                             |          | > 50\" W   |
+---------------------------------------------+----------+------------+
| New Hampshire Tracking Station, New Boston  | 42° 56\' | > 071°     |
| AFS, NH                                     | 52\" N   | > 37\'     |
|                                             |          | > 37\" W   |
+---------------------------------------------+----------+------------+
| Eastern Vehicle Check‑out Facility & GPS    | 28° 29\' | > 080°     |
| Ground Antenna & Monitoring Station, Cape   | 10\" N   | > 34\'     |
| Canaveral, FL                               |          | > 34\" W   |
+---------------------------------------------+----------+------------+
| Buckley AFB, CO                             | 39° 42\' | > 104°     |
|                                             | 55\" N   | > 46\'     |
|                                             |          | > 29\" W   |
+---------------------------------------------+----------+------------+
| Colorado Tracking Station, Schriever AFB,   | 38° 48\' | > 104°     |
| CO                                          | 21\" N   | > 03\'     |
|                                             |          | > 43\" W   |
+---------------------------------------------+----------+------------+
| Kirtland AFB, NM                            | 35° 03\' | > 106°     |
|                                             | 00\" N   | > 24\'     |
|                                             |          | > 00\" W   |
+---------------------------------------------+----------+------------+
| Camp Parks Communications Annex,            | 37° 44\' | > 121°     |
| Pleasanton, CA                              | 00\" N   | > 52\'     |
|                                             |          | > 00\" W   |
+---------------------------------------------+----------+------------+
| Naval Satellite Control Network, Laguna     | 34° 06\' | > 119°     |
| Peak, CA                                    | 55\" N   | > 04\'     |
|                                             |          | > 50\" W   |
+---------------------------------------------+----------+------------+
| Vandenberg Tracking Station, Vandenberg     | 34° 49\' | > 120°     |
| AFB, CA                                     | 24\" N   | > 31\'     |
|                                             |          | > 54\" W   |
+---------------------------------------------+----------+------------+
| Hawaii Tracking Station, Kaena Pt, Oahu, HI | 21° 33\' | > 158°     |
|                                             | 48\" N   | > 14\'     |
|                                             |          | > 54\" W   |
+---------------------------------------------+----------+------------+
| Guam Tracking Stations, Anderson AFB, and   | 13° 36\' | > 144°     |
| Naval CTS, Guam                             | 48\" N   | > 51\'     |
|                                             |          | > 12\" E   |
+---------------------------------------------+----------+------------+

27. As requested by the Joint Broadcasters, we asked NTIA to provide
    detailed information on the technical characteristics of the 11 TT&C
    earth stations. In response, NTIA stated that the information has
    not yet been developed. However, NTIA has emphasized to us that DOD
    is willing to assume the full burden of coordinating these 11 TT&C
    earth stations to avoid causing interference to incumbent BAS
    operations.

28. The band 2025‑2110 MHz is the main band used by TV broadcasters for
    live news. In its comments in ET Docket No. 95‑18, the Society of
    Broadcast Engineers ("SBE") states that broadcasters' use of the
    2 GHz BAS band falls into four categories:[^77]

-   Category I, Los Angeles. Extremely heavy use, mostly split channel.
    There is a substantial amount of itinerant use, channel borrowing,
    and channel sharing; seven channels are not enough.

-   Category II, "Metro." Spectrum is heavily used, especially during
    the news hours. There is limited split channel use and some
    itinerant use. There is regular channel borrowing and sharing.

-   Category III, "Light." There is some ENG use and some fixed links.
    Typically, a small‑market, low‑competition situation.

-   Category IV, "Rural." ENG use is extremely light. Use is generally
    for fixed, long‑haul relays to small‑market TV stations, to TV
    translator stations, and to cable TV headends. In some areas not all
    channels are even used.

    SBE notes, however, that Category III or IV situations may upgrade
    to Category II or even Category I virtually instantaneously upon the
    arrival (scheduled or not) of a major news or public interest event.

29. As indicated above, our licensing records show that there are at
    least 1262 TVPU, CARS mobile units, and LTTS mobiles/temporary fixed
    stations (mainly news trucks, but also includes news helicopters,
    blimps, *etc.*) operating in the 2 GHz BAS band. In its comments in
    ET Docket 98‑142, SBE stated that a TVPU station, including a news
    helicopter, is most likely to operate within 100 kilometers (62
    miles) of its home TV market.[^78] We observe that two of the
    proposed earth stations would be located near Los Angeles
    (Category I) and that several of the proposed earth stations would
    be located in large metropolitan areas, which we believe correspond
    to SBE's Category II usage pattern. Table 2, below, gives a
    geographic prospective on our proposal.

  -------------------------------- ----------------------- -------------- ------------
  Table 2: Largest Metropolitan                                           
  Areas Near the 11 DOD                                                   
  Transmitting Earth Stations                                             

  DOD Transmitting Earth Station   Largest Nearby City     DMA            Closest
                                                           Ranking[^79]   Distance in
                                                                          Miles[^80]

  Naval Satellite Control Network, Los Angeles, CA         2              20
  Laguna Peak, CA                                                         

  Vandenberg Tracking Station,     Los Angeles, CA         2              85
  Vandenberg AFB, CA                                                      

  Camp Parks Communications Annex, San                     5              10
  Pleasanton, CA                   Francisco-Oakland-San                  
                                   Jose, CA                               

  New Hampshire Tracking Station,  Boston (Manchester), MA 6              35
  New Boston AFS, NH                                                      

  Buckley AFB, CO                  Denver, CO              18             1

  Eastern Vehicle Check‑out        Orlando-Daytona         20             35
  Facility & GPS Ground Antenna &  Beach-Melbourne, FL                    
  Monitoring Station, Cape                                                
  Canaveral, FL                                                           

  Kirtland AFB, NM                 Albuquerque-Santa Fe,   48             5
                                   NM                                     

  Hawaii Tracking Station, Kaena   Honolulu, HI[^81]       72             35
  Pt, Oahu, HI                                                            

  Colorado Tracking Station,       Colorado                91             35
  Schriever AFB, CO                Springs-Pueblo, CO                     

  Naval Satellite Control Network, Bangor, ME              158            40
  Prospect Harbor, ME                                                     

  Guam Tracking Stations, Anderson Agana, Guam[^82]        N/A            5
  AFB, & Naval CTS                                                        
  -------------------------------- ----------------------- -------------- ------------

30. DOD transmit earth stations are used to control satellites in both
    geostationary and non‑geostationary orbits ("NGSOs"). Further, we
    observe that DOD TT&C earth stations use extremely large antennas
    and high transmitter output powers to produce highly focused and
    very powerful mainbeams and could have large coordination
    areas.[^83] Thus, these transmit earth stations could potentially
    cause interference to BAS operations. Accordingly, we find that
    coordination will be necessary between DOD earth stations operating
    in the band 2025-2110 MHz and 2 GHz BAS operations. In this regard,
    we will maintain our longstanding policy that first-licensed
    facilities have the right of protection from later‑licensed
    facilities operating in the same frequency band.[^84] However in
    this regard, we observe that currently Federal Government earth
    stations at 29 sites are authorized to transmit in the band
    2025-2110 MHz in the United States.[^85] We believe that\--with
    coordination---DOD earth stations at an additional 11 sites may also
    successfully share frequencies in this band with the incumbent BAS
    operations. We base this belief on a variety of factors that can
    facilitate sharing of this spectrum. These include terrain shielding
    and the facts that some of the antennas may be pointed out to sea,
    that each TT&C channel is generally used only for relatively short
    periods of time, that a TT&C channel is expected to impact only one
    BAS channel, that earth stations controlling GSO satellites may
    point at such high elevation angles as to have a minimal impact on
    BAS operations, *etc.* We solicit comment on the specific factors
    that would permit proposed spectrum sharing.

31. Ordinarily in a Federal/non‑Federal Government shared band, DOD
    would follow NTIA's procedures in securing coordination; that is,
    NTIA would approve the change in frequency for the earth stations
    and submit the frequency change to the Commission through the
    Frequency Assignment Subcommittee ("FAS") of the Interdepartment
    Radio Advisory Committee ("IRAC"). Commission engineers would then
    provide input to ensure that incumbent non‑Federal Government
    operations would be protected. However, in this case, we do not
    believe that our ordinary processes in Federal/non‑Federal
    Government shared bands can be used without some modifications. For
    example, we have long entrusted frequency coordination of the 2 GHz
    BAS band to private coordinators, such as SBE.[^86] We also note
    that the band 1990-2110 MHz supports a mix of mobile TVPU stations
    and fixed links and that BAS stations are currently transitioning to
    narrower channels in the band 2025-2110 MHz, to accommodate new
    services in the 1990-2025 MHz segment. In addition, because each
    local TV market may transition to a new BAS channel plan at
    different times, local frequency coordinators may be in the best
    position to assess requests that affect local operating conditions.
    Thus, we propose to require that, prior to submitting applications
    for the authorization of the 11 earth stations to the Commission
    through the FAS, DOD frequency coordinators and technical
    representatives work with the local frequency coordinator (in most
    cases, this would be SBE) and the affected BAS licensees to ensure
    that the DOD operations not cause interference to incumbent
    non-Federal Government operations. Further, we propose that
    operation of these earth stations in the band 2025-2110 MHz not be
    authorized in the absence of successful coordination between the
    affected parties.[^87] We expect that it may be necessary to jointly
    establish with NTIA other non‑standard coordination procedures
    during the course of this proceeding. We seek comment on
    coordination procedures that can be implemented which will ensure
    that both fixed and mobile BAS[^88] stations are adequately
    protected and accommodate the introduction of Federal earth stations
    in this band. We acknowledge that the short separation distances
    identified above present coordination challenges. We seek comment on
    how these challenges can be addressed. We recognize that our Rules
    do not currently include coordination rules that protect the normal
    operating areas of TVPU stations, but we are hopeful that
    coordination between the parties is achievable for the 11 DOD
    transmit earth stations without adversely affecting TVPU operations,
    particularly reception at fixed sites, including receive-only sites
    and at venues where sports or news events routinely occur. While we
    do not believe that non‑Federal Government operations are likely to
    cause interference to Federal Government operations, we will require
    that once a DOD earth station has been coordinated, new BAS stations
    within these 11 areas coordinate their systems with the local DOD
    facility.

32. We observe that NTIA has added to its *Manual* the operational
    limits specified in the ITU *Radio Regulations* for DOD earth
    station transmissions in the 1761‑1842 MHz segment.[^89] Thus, the
    11 DOD earth stations currently operating in the band 1761‑1842 MHz
    do not transmit until their antenna (mainbeam) is pointing at least
    at 3° above the horizon, unless affected parties have agreed to a
    lower elevation angle.[^90] In addition, NTIA has adopted the ITU
    limitations on the e.i.r.p. transmitted in any direction towards the
    horizon by an earth station.[^91] Thus, the 11 DOD earth stations
    currently operating in the band 1761‑1842 MHz are (1) limited to an
    e.i.r.p. of 40 dBW at a 0° elevation angle, (2) permitted to
    increase their e.i.r.p. to 40 dBW plus 3 times their elevation angle
    between 0‑5°, and (3) unlimited in e.i.r.p. at elevation angles
    above 5°. These e.i.r.p. limits may be exceeded by not more than
    10 dB. We anticipate that NTIA will update its *Manual* to require
    that TT&C uplink earth stations operating in the band 2025‑2110 MHz
    will likewise conform to these limits.

33. We do not make this proposal without concerns. Notably, we are
    concerned about the impact on future BAS growth in areas near the 11
    TT&C uplink earth stations, especially in light of the ongoing
    digital television ("DTV") transition. We solicit comment on our
    proposal and on methods that could be employed to ensure future BAS
    growth.[^92] In addition to spectrum sharing reasons discussed in
    paragraph 30, above, we note that, once an earth station has been
    coordinated in the band 2025-2110 MHz, its characteristics will
    become known to local BAS users. As such, we believe that the local
    BAS users should be able to work around the coordinated area.
    Specifically, we note that new BAS stations can be added in areas
    near the 11 earth stations, if they are located near incumbent BAS
    stations, which will be protected as a result of the coordination
    process. Nonetheless, we solicit comment on whether other frequency
    bands are more appropriate for the 11 TT&C uplink earth stations.

34. We observe that the adjacent frequency bands (1990-2025 MHz and
    2110-2155 MHz) have been reallocated to the fixed and mobile
    services. Although authorization and use of these frequency bands
    has not yet begun, we are concerned that interference could be
    caused to these future services due to the placement of the 11 TT&C
    earth stations in the band 2025-2110 MHz. We are concerned, in
    particular, about two types of interference -- interference caused
    by out-of-band emissions and interference caused by receiver
    overload.

35. In addressing out-of-band emission interference, we note that the
    unwanted emission standards for Federal Government earth stations
    operating above 960 MHz are specified as follows:

> For all systems operating in this frequency range the emissions
> radiated outside of the necessary bandwidth shall roll-off at a rate
> equal to or greater than 40 dB/decade (12 dB/octave) from the
> attenuation level at the limit of necessary bandwidth. The emissions
> power shall roll-off to a level of at least 60 dB below the
> transmissions Maximum Peak SPD \[Spectral Power Density\] or less (see
> Figure 5.6.1). The requirements in this standard specify the upper
> bounds on unwanted emissions from space and earth stations associated
> with the space services.[^93]

TT&C uplink channels in the band 1761-1842 MHz have a necessary
bandwidth of 4 MHz and we anticipate that new TT&C channels in the band
2025-2110 MHz will be approximately the same bandwidth. NTIA informs us
that currently the signal level two-megahertz away from a TT&C center
frequency is normally attenuated 20-25 dB below the maximum peak SPD.
TT&C uplink transmitter output power is expected to range from 100 watts
to 10 kW.[^94] We solicit comment on how such high power levels coupled
with the noted attenuation characteristics would impact BAS operations
in the band 2025-2110 MHz.

36. We request comment on whether the limits specified above will be
    sufficient to protect the mobile and fixed receivers that will
    operate on spectrum above and below the band 2025-2110 MHz, or
    whether additional requirements, *e.g*., specific limits on
    emissions generated outside the band 2025‑2110 MHz, will be
    necessary. We note that emissions produced by the TT&C transmitters
    are expected to be greater than those that will be produced by
    future digital BAS transmitters that will operate in the band
    2025-2110 MHz.[^95] We therefore seek comment on whether the Federal
    Government's unwanted emission standard shown above is sufficient to
    protect out-of-band operations, or whether TT&C earth station
    emission limitations outside the band 2025-2110 MHz should be
    further limited. We observe that limiting emissions outside the band
    2025-2110 MHz could be accomplished by reducing power, by increasing
    the attenuation roll-off rate and the maximum roll-off, and by not
    using spectrum immediately adjacent to the band edges, *i.e.*, by
    providing for guard bands. We request comment on whether such
    measures should be taken, and specifically whether TT&C transmitter
    emissions outside the band 2025-2110 MHz should be limited to those
    of a digital BAS transmitter with a bandwidth of 12 MHz and an
    output power of 13 dBW, centered 6.5 MHz from the band edge and
    meeting the emission mask in Section 74.637(a)(2).

37. With regard to the potential for receiver overload interference, we
    note that, as indicated above, TT&C transmitters are expected to
    operate with transmitter output power levels ranging from 100 watts
    to 10 kW. This raises concerns about the potential for overload of
    fixed and/or mobile receivers operating near TT&C stations receiving
    on spectrum above and below the band 2025-2110 MHz. We thus seek
    comment on whether, based on the geographic location of TT&C
    transmitters, interference of this type could occur.[^96] If such
    interference is likely, we seek comment on what limits on TT&C
    transmitters (*e.g*., reduced power levels, avoidance of the upper
    and lower edges of the band 2025‑2110 MHz) might reduce the
    likelihood of overload interference to adjacent band mobile and
    fixed receivers. Similarly, we seek comment on measures that need to
    be taken by fixed and mobile receivers to protect against this type
    of interference.[^97]

38. We also propose to permit DOD to operate stations in the fixed and
    mobile except aeronautical mobile services on a secondary basis in
    the band 2025‑2110 MHz at the six sites identified by NTIA in the
    southwestern United States. NTIA states that because these
    operations (such as TRR systems) are usually in remote areas, it
    would appear to be feasible for DOD to operate on a coordinated
    basis in this band. We agree with NTIA that it appears feasible for
    DOD to operate stations in the fixed and land mobile services on a
    secondary basis at six sites in the southwestern United States and
    to also operate stations in the maritime service in the Pacific
    Missile Test Range/Pt. Mugu on a secondary basis without hindering
    BAS fixed and mobile operations. We request comment on this
    tentative finding. Accordingly, we propose to adopt a United States
    footnote that would read as follows:

    USxxx In the band 2025‑2110 MHz, the military services may operate
    stations in the fixed and mobile except aeronautical mobile services
    on a secondary and coordinated basis at the following sites:

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

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

  China Lake,                                35° 41\' N 117°    50
  CA...............................          41\' W             

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

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

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

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

39. We request comment on all of the above proposals for the band
    2025‑2110 MHz. We are particularly interested in commenters'
    suggestions regarding how best to share the band 2025‑2110 MHz
    between incumbent uses and the proposed extremely high powered
    transmitting earth stations. In addition, if commenters believe any
    of the 11 proposed earth station locations to be particularly
    problematic with regard to protecting BAS receive sites, we request
    specific suggestions and detailed engineering analysis showing how
    such situations can be resolved.

D. The Band 2360‑2400 MHz

1\. Background

40. As discussed above, the *2002 Viability Assessment* states that DOD
    would relocate its airborne telemetry and video systems that operate
    in the band 1710-1755 MHz at the 16 protected sites to other
    frequency bands, such as the bands 1755-1850 MHz, 2360-2385 MHz, or
    other telemetry bands; or to the band 2385-2395 MHz under a new
    primary Federal Government mobile service allocation.[^98] As
    support for the new Federal Government allocation at 2385-2395 MHz,
    the *2002 Viability Assessment* states that industry service
    provider/vendor engineers analyzed each of the 16 sites on an
    assignment-by-assignment basis and concluded that all aeronautical
    mobile systems must be cleared from the 1710‑1755 MHz band if the
    band is to be used for AWS.[^99] NTIA states that DOD airborne
    telemetry and video systems would be relocated from the band
    1710‑1755 MHz at the 16 protected sites by December 2008, if the
    band 2360‑2395 MHz is allocated for aeronautical mobile
    applications. NTIA also requests that all other mobile applications
    be permitted in the band 2360‑2395 MHz on a secondary basis to
    aeronautical mobile applications.

41. In addition, we observe that, while the demand for aeronautical
    telemetry spectrum has greatly increased in recent years because
    aircraft manufacturers are monitoring significantly more parameters
    during flight tests and are using more video, the amount of spectrum
    allocated on a primary basis for use by Federal and non-Federal
    Government flight test stations has been reduced by over one
    third.[^100] For example, we note that AFTRCC stated in January 1999
    that:

> Bandwidth demands for flight test telemetry have grown exponentially:
> From an average of less than 1 MHz channels, to 3 MHz, toward 5 and
> even 10 MHz. This trend is a function of the increasing complexity and
> computerization of newer aircraft. For example, when the Boeing 707
> was flight tested 40 years ago, engineers monitored 300 data points;
> when the 777 was tested four years ago, no less than 40,000 data
> points were monitored.[^101]

42. Therefore, we propose, below, to take actions that would permit
    Federal Government aeronautical mobile systems to operate throughout
    the band 2360-2395 MHz and that would permit non-Federal Government
    flight test stations to operate in the band 2385-2395 MHz, as well
    as the band 2360‑2385 MHz.

43. Globally, the band 2360‑2400 MHz is allocated to the fixed and
    mobile services on a primary basis and to the amateur service on a
    secondary basis.[^102] In ITU Region 2, the band 2360‑2400 MHz is
    also allocated to the radiolocation service on a primary
    basis.[^103]

44. In the United States, the principal use of the band 2360-2390 MHz is
    for aeronautical telemetry operations. In response to BBA-97, the
    band 2385-2390 MHz was transferred from Federal/non-Federal
    Government shared use to non-Federal Government exclusive use,
    effective January 1, 2005, except that Federal and non-Federal
    Government aeronautical telemetry operations may continue on a
    primary basis at various sites for two additional years.[^104] We
    codified this spectrum transfer through the adoption of footnote
    US363.[^105] Concurrently, we allocated the band 2385-2390 MHz to
    the non-Federal Government fixed service on a primary basis, removed
    limitations on the use of the existing non-Federal Government mobile
    service allocation by deleting the band 2385-2390 MHz from footnote
    US276, and deleted the Federal Government mobile, fixed, and
    radiolocation service allocations from the band 2385-2390 MHz. We
    subsequently established service rules under Part 27 for this
    band.[^106] However, the band 2385‑2390 MHz has not yet been
    auctioned for new fixed and mobile services; instead, as authorized
    by footnote US363, this spectrum is still used by flight test
    stations. In order to accommodate aeronautical mobile systems
    relocated from the band 1710-1755 MHz, NTIA now requests that the
    band 2385‑2390 MHz be generally returned to its allocation status
    prior to the reallocation.

45. In the United States, the band 2390‑2400 MHz was historically part
    of a larger band that extended from 2390‑2450 MHz, which was
    allocated to the radiolocation service on a primary basis for use by
    the military services and to the amateur service on a secondary
    basis. On February 5, 1994, the Commission reallocated the band
    2390‑2400 MHz, which was transferred as exclusive non‑Federal
    Government spectrum, to the amateur service on a primary
    basis.[^107] At the request of NTIA, the Commission concurrently
    added footnote G122 to its Rules, which states that Federal
    Government operations may be authorized on a non‑interference basis
    in the band 2390‑2400 MHz.[^108]

46. Also concurrent with that transfer, the Commission made the band
    2390‑2400 MHz available for unlicensed PCS devices and established
    technical rules for their use. In general, unlicensed PCS devices
    operating in the band 2390‑2400 MHz were limited to asynchronous
    devices, which are devices that transmit RF energy at irregular time
    intervals, as typified by local area network data systems.[^109] The
    Commission revised Part 15 of its Rules to allow asynchronous
    devices to operate in the band 2390‑2400 MHz using the same rules as
    are used for the 1910‑1920 MHz.[^110]

    2\. Comments

47. AFTRCC supports the *2002 Viability Assessment* with regard to the
    band 2385‑2390 MHz. It states that its petition for partial
    reconsideration in WT Docket No. 02‑8 would be moot if we return the
    band 2385‑2390 MHz to aeronautical telemetry use.[^111]

48. Motorola also supports making the band 2385‑2395 MHz available for
    military airborne telemetry operations.[^112] Motorola states that
    this spectrum could be used to support air combat training
    operations and that such use would be compatible with existing
    airborne telemetry use in the adjoining band 2360‑2385 MHz. Motorola
    also states that there has been only very limited interest expressed
    in the band 2385‑2395 MHz in ET Docket No. 00‑221. In addition,
    Motorola supports shared use of the band 2390‑2395 MHz by Federal
    users and amateur radio operators.[^113] Motorola states that,
    although the reallocation of the band 2390‑2395 MHz may result in
    some disruption of a limited number of amateur operations, this
    should not be allowed to stand in the way of the reallocation, given
    the enormous benefits of 3G that have been documented in ET Docket
    No. 00‑258.

49. CTIA does not object to having the band 2385-2395 MHz allocated for
    Federal Government aeronautical mobile use because the proposed use
    would be consistent with uses elsewhere in the world and thus would
    promote international harmonization. However, CTIA does not believe
    it necessary to make this allocation in order to substantially clear
    the band 1710-1755 MHz, and asks that any work we do with respect to
    the band 2385-2395 MHz not delay reallocation and service rules
    proceedings for the band 1710-1755 MHz.[^114]

50. The Satellite Radio Licensees urge us to protect the reception of
    the Satellite DARS signals from relocated aeronautical mobile users
    in the band 2360‑2395 MHz.[^115] In particular, the Satellite Radio
    Licensees request that we adopt the same out‑of‑band emission limits
    for new operations in the band 2360‑2395 MHz as those that apply to
    WCS mobile devices operating in the bands 2305‑2320 MHz and
    2345‑2360 MHz.[^116] The Satellite Radio Licensees state that they
    currently operate terrestrial repeaters pursuant to special
    temporary authority and that they have entered into coordination
    agreements with AFTRCC in order to protect flight test stations
    operating in the primary aeronautical telemetry band at
    2360‑2385 MHz. The Satellite Radio Licensees urge us to ensure that
    they are not burdened with new coordination obligations, that is,
    that Federal "newcomers" be responsible for taking whatever steps
    may be necessary to eliminate objectionable interference.[^117]

### 3. Proposals

51. Consistent with the *2002 Viability Assessment*, we propose to
    allocate the band 2360‑2395 MHz for aeronautical mobile purposes on
    a primary basis for Federal Government use. We are making this
    proposal so that aeronautical mobile systems that currently operate
    in the band 1710‑1755 MHz at the 16 protected sites can be relocated
    by December 2008.[^118] This relocation would substantively clear
    the band 1710‑1755 MHz of Federal Government systems so that this
    spectrum can be used to accommodate AWS, including 3G systems.

52. We also propose to allocate the band 2390-2395 MHz to the mobile
    service on a primary basis for non-Federal Government use and to
    generally limit the use of this allocation and of the existing
    non‑Federal Government mobile service allocation in the band
    2385‑2390 MHz to aeronautical telemetry use. This action would
    provide 10 megahertz of needed spectrum for commercial aeronautical
    telemetry operations. We observe that aeronautical telemetry
    bandwidth requirements have significantly increased in recent years
    as aircraft manufacturers collect increasing amounts of data and
    video concerning the performance of prototype aircraft. Given the
    increasing amounts of data being collected in flight tests, and the
    higher and higher data rates being utilized for such purposes, we
    tentatively find that additional spectrum for aeronautical telemetry
    use is necessary.[^119]

53. In order to provide spectrum for other important services, it has
    previously been necessary to reallocate over one third of the
    spectrum that was allocated on a primary basis for aeronautical
    telemetry use. We believe that the proposed allocation will provide
    the additional spectrum needed as aeronautical telemetry migrates
    out of the Satellite DARS and WCS bands (2310-2360 MHz).

54. In addition, we observe that the aircraft manufacturers that make
    military aircraft are the same as those that make commercial
    aircraft. Indeed, some military aircraft are just modified
    commercial aircraft. Further, Federal and non-Federal Government
    users have traditionally shared the aeronautical telemetry bands on
    a co-primary basis, including the band 2385-2390 MHz. Significantly,
    we note that aircraft manufacturers already have the infrastructure
    in place to make use of the band 2385-2390 MHz. We believe that this
    equipment can be easily modified to operate in the band 2390-2395
    MHz. Therefore, we believe that there are many benefits to expanding
    the primary non-Federal Government aeronautical telemetry allocation
    to include the band 2385-2395 MHz.[^120] Accordingly, we believe
    that the band 2385‑2395 MHz should be made available to non-Federal
    Government aeronautical telemetry operations, as well as to Federal
    Government aeronautical mobile operations. As a consequence of these
    proposals, we propose to make a number of specific changes to rules
    affecting various portions of the band 2360‑2400 MHz. Table 3,
    below, provides an overview of our proposals, which will be
    discussed in detail in the following paragraphs.

+--------+--------------------------+------------------+--------------+
| Table  |                          |                  |              |
| 3:     |                          |                  |              |
| Ex     |                          |                  |              |
| isting |                          |                  |              |
| vs.    |                          |                  |              |
| Pr     |                          |                  |              |
| oposed |                          |                  |              |
| Alloc  |                          |                  |              |
| ations |                          |                  |              |
|        |                          |                  |              |
| (F     |                          |                  |              |
| ederal |                          |                  |              |
| Gove   |                          |                  |              |
| rnment |                          |                  |              |
| ("     |                          |                  |              |
| Gov't) |                          |                  |              |
| and    |                          |                  |              |
| non    |                          |                  |              |
| -Gov't |                          |                  |              |
| alloc  |                          |                  |              |
| ations |                          |                  |              |
| are    |                          |                  |              |
| iden   |                          |                  |              |
| tical, |                          |                  |              |
| unless |                          |                  |              |
| oth    |                          |                  |              |
| erwise |                          |                  |              |
| spec   |                          |                  |              |
| ified) |                          |                  |              |
+--------+--------------------------+------------------+--------------+
| Band   | Existing Allocations     | Proposed         | Summary      |
|        |                          | Allocations      |              |
+--------+--------------------------+------------------+--------------+
| 236    | MOBILE US276 (In the     | 2360-2390 MHz    | Additional 5 |
| 0-2385 | band 2360-2385 MHz,      |                  | MHz of       |
| MHz    | Gov't and non-Gov't use  | MOBILE US276 (In | primary      |
|        | is limited to            | the band         | aeronautical |
|        | aeronautical             | 2360-2395 MHz,   | telemetry    |
|        | telemetering &           | Gov't use is     | spectrum for |
|        | associated telecommand   | limited to       | Gov't &      |
|        | operations for flight    | aeronautical     | non-Gov't    |
|        | testing of manned or     | mobile           | use.         |
|        | unmanned aircraft,       | applications &   |              |
|        | missiles or major        | non‑Gov't use is | Additional 5 |
|        | components thereof       | limited to       | MHz of       |
|        | ("aeronautical           | aeronautical     | primary      |
|        | telemetry"); all other   | telemetry,       | spectrum for |
|        | mobile telemetering uses | except that      | Gov't        |
|        | shall be secondary to    | other Gov't      | ra           |
|        | this use)                | mobile uses &    | diolocation. |
|        |                          | other non‑Gov't  |              |
|        | Gov't RADIOLOCATION G2   | mobile           | Additional 5 |
|        | (Use limited to military | telemetering     | MHz of       |
|        | services) G120           | uses may operate | secondary    |
|        | (Development of airborne | on a secondary   | spectrum for |
|        | primary radars in the    | basis.)          | Gov't fixed. |
|        | band 2310‑2385 MHz with  |                  |              |
|        | peak transmitter power   | Gov't            | Gov't        |
|        | in excess of 250 watts   | RADIOLOCATION G2 | secondary    |
|        | for U.S. use not         | G120             | use of the   |
|        | permitted)               | (Development of  | band         |
|        |                          | airborne primary | 2360-2390    |
|        | Gov't secondary fixed    | radars in the    | MHz expanded |
|        |                          | band             | from other   |
|        |                          | 2360-2390 MHz    | mobile       |
|        |                          | with peak        | telemetering |
|        |                          | transmitter      | to other     |
|        |                          | power in excess  | mobile uses. |
|        |                          | of 250 watts for |              |
|        |                          | U.S. use not     | Reduction of |
|        |                          | permitted)       | 5 MHz for    |
|        |                          |                  | WCS.         |
|        |                          | Gov't secondary  |              |
|        |                          | fixed            | Update of    |
|        |                          |                  | footnote     |
|        |                          |                  | G120 to      |
|        |                          |                  | correspond   |
|        |                          |                  | to primary   |
|        |                          |                  | allocation   |
|        |                          |                  | for Gov't    |
|        |                          |                  | ra           |
|        |                          |                  | diolocation. |
+--------+--------------------------+------------------+--------------+
| 238    | WCS\--non-Federal Gov't  |                  |              |
| 5-2390 | FIXED & MOBILE           |                  |              |
| MHz    |                          |                  |              |
|        | US363 (Until 01JAN05,    |                  |              |
|        | Gov't allocations are    |                  |              |
|        | the same as the band     |                  |              |
|        | 2360-2385 MHz.           |                  |              |
|        | Afterwards, Gov't        |                  |              |
|        | stations continue to     |                  |              |
|        | operate on a primary     |                  |              |
|        | basis until              |                  |              |
|        | re-accommodated in       |                  |              |
|        | accordance with NDAA 99, |                  |              |
|        | except at 17 sites where |                  |              |
|        | stations may not be      |                  |              |
|        | re‑accommodated until    |                  |              |
|        | 01JAN07. Non-Gov't       |                  |              |
|        | aeronautical telemetry   |                  |              |
|        | operations may continue  |                  |              |
|        | at 9 sites on a primary  |                  |              |
|        | basis until 01JAN07)     |                  |              |
+--------+--------------------------+------------------+--------------+
| 239    | AMATEUR                  | 2390-2395 MHz    | Additional 5 |
| 0-2400 |                          |                  | MHz of       |
| MHz    | Unlicensed PCS           | AMATEUR          | primary      |
|        |                          |                  | aeronautical |
|        | G122 (Gov't operations   | MOBILE US276     | telemetry    |
|        | may be authorized on a   |                  | spectrum for |
|        | non-interference basis)  |                  | Gov't &      |
|        |                          |                  | non-Gov't    |
|        |                          |                  | use.         |
|        |                          |                  |              |
|        |                          |                  | Other Gov't  |
|        |                          |                  | mobile uses  |
|        |                          |                  | are          |
|        |                          |                  | secondary.   |
|        |                          |                  |              |
|        |                          |                  | Reduction of |
|        |                          |                  | 5 MHz for    |
|        |                          |                  | Unlicensed   |
|        |                          |                  | PCS.         |
+--------+--------------------------+------------------+--------------+
|        |                          | 2395-2400 MHz    | Reduction of |
|        |                          |                  | 5 MHz for    |
|        |                          | AMATEUR          | Unlicensed   |
|        |                          |                  | PCS.         |
|        |                          | G122             |              |
+--------+--------------------------+------------------+--------------+

55. As indicated above, the band 2360‑2385 MHz is currently allocated to
    the mobile service on a primary basis for Federal and non‑Federal
    Government use. The use of these mobile allocations is limited by
    footnote US276 to aeronautical telemetering and associated
    telecommand operations for flight testing of manned and unmanned
    aircraft, missiles, or major components thereof. In order to
    implement our proposal, we would allocate the band 2385‑2395 MHz to
    the mobile service on a primary basis for Federal Government
    use[^121] and would modify footnote US276 to permit Federal agencies
    to conduct all types of aeronautical mobile operations, not just
    aeronautical telemetering and telecommand operations. We also
    propose to expand the permissible uses under the Federal Government
    mobile service allocation in the band 2360‑2395 MHz to include land
    mobile and maritime mobile applications on a secondary basis to
    aeronautical mobile applications.

56. Except as described above, this approach would return the band
    2385‑2390 MHz to its allocation status prior to its recent transfer
    and reallocation. Therefore, we also propose to allocate the band
    2385‑2390 MHz to the radiolocation service on a primary basis and to
    the fixed service on a secondary basis for Federal Government use.
    NTIA has informed us that Federal Government use of the
    radiolocation allocation in the band 2385‑2390 MHz would be limited
    to the military services and thus, footnote G2 would be revised to
    reflect this limitation.[^122] Consistent with the above proposal to
    allocate the band 2390‑2395 MHz to the aeronautical mobile service
    on a primary basis for Federal Government use, we propose to revise
    footnote G122 so that Federal Government operations in the band
    2390‑2395 MHz would no longer be shown as being on a
    non‑interference basis to non‑Federal Government operations.[^123]

57. By footnote G120, NTIA prohibits the development of airborne primary
    radars in the band 2310‑2385 MHz with a peak transmitter power in
    excess of 250 watts for use in the United States.[^124] NTIA has
    previously applied footnote G120 to the band 2385-2390 MHz. During
    its work on this *Notice*, the staff noticed that the bands
    2310-2320 MHz and 2345-2360 MHz are no longer allocated to the
    Federal radiolocation service on a primary basis. In addition, we
    have recently proposed to downgrade the Federal radiolocation
    service allocation from primary to secondary status in the band
    2320-2345 MHz because Satellite DARS licensees have commenced
    operations.[^125] Therefore, we propose, with NTIA's concurrence, to
    amend footnote G120 by removing the band 2310‑2360 MHz and by adding
    the band 2385‑2390 MHz.

58. In order to promote spectrum sharing between Federal and non‑Federal
    Government operations, we propose to delete the recently added, but
    still unused, fixed allocation from the band 2385‑2390 MHz in the
    non‑Federal Government Table. We also propose to re‑apply the prior
    footnote US276 limitations on non‑Federal Government mobile use of
    the band 2385-2390 MHz and to also apply the footnote US276
    limitations on non-Federal Government mobile use of the band
    2390-2395 MHz. These actions would return the band 2385‑2390 MHz to
    use for non‑Federal Government flight test stations and would also
    make available replacement spectrum for non-Federal Government
    flight test stations that are displaced from the band 2310-2360 MHz,
    thereby providing 35 megahertz (2360‑2395 MHz) of primary spectrum
    for non‑Federal Government aeronautical telemetry purposes. In
    consideration of all of the above proposals for the band
    2360‑2395 MHz, we propose to revise footnote US276 to read as
    follows:

    US276 Except as otherwise provided for herein, use of the bands and
    2320-2345 MHz and 2360-2395 MHz by the mobile service is limited to
    Federal Government aeronautical mobile applications and to
    non‑Federal Government aeronautical telemetering and associated
    telecommand operations for flight testing of aircraft, missiles or
    major components thereof. The following four frequencies are shared
    on a co‑equal basis by Federal and non‑Federal Government stations
    for telemetering and associated telecommand operations of expendable
    and reusable launch vehicles whether or not such operations involve
    flight testing: 2332.5 MHz, 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz.
    Other Federal Government mobile uses and other non‑Federal
    Government mobile telemetering uses shall be secondary to the above
    uses.[^126]

59. Under our proposal, the amateur service would retain its current
    primary allocation at 2390-2400 MHz, but would be required to share
    the lower 5 megahertz with new Federal and non-Federal Government
    operations on a co-primary basis. We do not believe that such
    sharing would have a significant impact on amateur operations. Under
    its band plan, the Amateur Radio Relay League ("ARRL") has
    designated the 2390‑2396 MHz segment for use by "Fast Scan TV,"
    which is a form of Amateur Television ("ATV").[^127] However, there
    are numerous other bands designated for ATV.[^128] Because of
    equipment availability, most ATV use appears to be in the bands
    420‑450 MHz and 902‑928 MHz. Thus, because we believe that ATV use
    of the 2390-2395 MHz segment is relatively light and because
    aeronautical telemetry use is generally at remote facilities, we
    anticipate that Federal aeronautical mobile and non-Federal
    Government aeronautical telemetry use of the 2390‑2395 MHz segment
    will not significantly impact amateur use of this spectrum. We
    propose to amend Section 97.303 of our amateur Rules to reflect this
    spectrum sharing proposal.[^129] We solicit comment on whether
    limits should be imposed on the amateur and/or mobile services in
    order to enhance spectrum sharing; if limits are necessary, we seek
    comment on what limits we should adopt.

60. We observe that non‑Federal Government flight test stations in the
    band 2310‑2390 MHz have long been subject to the emission
    limitations that are specified in Section 87.139 of our Rules.[^130]
    We propose to continue to employ these emission limitations for
    non‑Federal Government flight test stations in the band
    2385‑2390 MHz.[^131] We note that NTIA has established significantly
    less stringent limits for unwanted emissions from aeronautical
    telemetry operations in this band than those requested by the
    Satellite Radio Licensees (25 to 55 dB less stringent than the WCS
    fixed and mobile limits).[^132] Therefore, we request comment on the
    appropriate out‑of‑band emission limits that are necessary to
    protect Satellite DARS reception from both aeronautical (ground)
    stations[^133] and from aircraft stations.[^134]

61. Under our proposal, the band 2385‑2390 MHz would be available for
    aeronautical telemetering and associated telecommand for both
    Federal and non‑Federal Government licensees and thus, footnote
    US363, which grandfathered various Federal and non‑Federal
    Government sites for aeronautical telemetering and associated
    telecommand purposes, would no longer be needed. We therefore
    propose to delete footnote US363. Our proposal would also limit
    non‑Federal Government use of the band 2385‑2390 MHz to flight test
    stations and thus, footnote NG174, which states that frequencies in
    the band 2385‑2400 MHz are not available for assignment to stations
    in the aeronautical mobile service in Puerto Rico, would no longer
    be needed. We also propose to delete footnote NG174.

62. We propose to rescind numerous changes to our WCS service rules that
    were made as part of our action on the transfer and reallocation of
    the band 2385‑2390 MHz. Specifically, we propose to add the band
    2385‑2390 MHz back to the frequencies available to flight test
    stations in Section 87.303 of our aviation service rules.[^135] We
    also propose to rescind the changes made in the *27 Megahertz
    Service Rules R&O* for the band 2385‑2390 MHz in Parts 1, 27, and 87
    of our Rules by deleting regulations containing this band from
    Sections 1.1307 (Environmental Assessments); 27.1(b)(7) (Basis and
    Purpose); 27.4 (Terms and definitions); 27.5(g) (Frequencies);
    27.6(g) (Service areas); 27.11(h) (Initial authorization); 27.12(b)
    (Eligibility); 27.13(f) (License period); 27.50(f) (Power and
    antenna height limits); 27.53(i) (Emission limits); and 87.173, note
    1 (Frequencies); and by deleting Part 27, Subpart K (2385‑2390 MHz
    Band). In the Table of Frequency Allocations, we also propose to
    revise the entry for the band 2385‑2390 MHz by replacing the cross
    reference to Part 27 of our Rules (Miscellaneous Wireless
    Communications Services) with a cross reference to Part 87 of our
    Rules (Aviation Services) to reflect the re‑designation of the band
    2385‑2390 MHz.[^136]

63. Nearly seven years after the Commission made the band 2390‑2400 MHz
    available for unlicensed use, there is still no equipment authorized
    or anticipated for this band. In order to remove possible sources of
    harmful interference to primary radiocommunication services in the
    2390‑2395 MHz segment, we propose to no longer make the band
    2390‑2400 MHz available for unlicensed PCS use.[^137] Specifically,
    we propose to revise Part 15 of our Rules by deleting the band
    2390‑2400 MHz from various technical rules that apply to
    asynchronous devices, *i.e.*, Sections 15.301 (Scope); 15.303(a),
    (g), and (i) (Definitions); 15.319(a) (General technical
    requirements); and 15.321(a), (b), and (g) (Specific requirements
    for asynchronous devices operating in the 2390‑2400 MHz band).

IV\. PROCEDURAL MATTERS

A. Initial Regulatory Flexibility Analysis

64. As required by Section 603 of the Regulatory Flexibility Act, 5
    U.S.C. § 603, the Commission has prepared an Initial Regulatory
    Flexibility Analysis ("IRFA") of the possible significant economic
    impact on small entities of the proposals suggested in this
    document. The IRFA is set forth in Appendix B. Written public
    comments are requested on the IRFA. These comments must be filed in
    accordance with the same filing deadlines as comments filed in this
    *Fourth Notice of Proposed Rule Making* ("*4^th^ NPRM*") provided
    below in Section IV.C. Comments must have a separate and distinct
    heading designating them as responses to the IRFA.

## B. *Ex Parte* Rules -- Permit‑But‑Disclose Proceeding

65. This is a permit‑but‑disclose notice and comment rule making
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, provided they are disclosed as provided
    in the Commission\'s rules. *See generally* 47 C.F.R. §§ 1.1202,
    1.1203, and 1.2306(a).

## C. Comments

66. Pursuant to Sections 1.415 and 1.419 of the Commission\'s rules, 47
    C.F.R. §§ 1.415, 1.419, interested parties may file comments on or
    before **\[60 days from date of publication in the Federal
    Register\]**, and reply comments on or before **\[90 days from date
    of publication in the Federal Register\]**. Comments may be filed
    using the Commission\'s Electronic Comment Filing System ("ECFS") or
    by filing paper copies. *See Electronic Filing of Documents in
    Rulemaking Proceedings*, 63 Fed. Reg. 24121 (1998).

67. Comments filed through the ECFS can be sent as an electronic file
    via the Internet to http://www.fcc.gov/e‑file/ecfs.html. Generally,
    only one copy of an electronic submission must be filed. If multiple
    docket or rulemaking numbers appear in the caption of this
    proceeding, however, commenters must transmit one electronic copy of
    the comments to each docket or rulemaking number referenced in the
    caption. In completing the transmittal screen, commenters should
    include their full name, U.S. Postal Service mailing address, and
    the applicable docket or rulemaking number. Parties may also submit
    an electronic comment by Internet e‑mail. To get filing instructions
    for e‑mail comments, commenters should send an e‑mail to
    ecfs@fcc.gov, and should include the following words in the body of
    the message, "get form \<your e‑mail address." A sample form and
    directions will be sent in reply. Parties who choose to file by
    paper must file an original and four copies of each filing. If more
    than one docket or rulemaking number appear in the caption of this
    proceeding, commenters must submit two additional copies for each
    additional docket or rulemaking number.

68. Filings can be sent by hand or messenger delivery, by commercial
    overnight courier, or by first‑class or overnight U.S. Postal
    Service mail (although we continue to experience delays in receiving
    U.S. Postal Service mail). The Commission\'s contractor, Vistronix,
    Inc., will receive hand‑delivered or messenger‑delivered paper
    filings for the Commission\'s Secretary at 236 Massachusetts Avenue,
    N.E., Suite 110, Washington, D.C. 20002. The filing hours at this
    location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
    together with rubber bands or fasteners. Any envelopes must be
    disposed of before entering the building. Commercial overnight mail
    (other than U.S. Postal Service Express Mail and Priority Mail) must
    be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S.
    Postal Service first‑class mail, Express Mail, and Priority Mail
    should be addressed to 445 12th Street, SW, Washington, D.C. 20554.
    All filings must be addressed to the Commission\'s Secretary, Office
    of the Secretary, Federal Communications Commission.

D. Contact Person

69. For further information concerning this rule making proceeding
    contact Tom Mooring at (202) 418‑2450, tmooring@fcc.gov, Office of
    Engineering and Technology.

# V. ordering clauses

70. 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, 332,
    334, and 336 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, 332, 334, and 336, the FOURTH NOTICE
    OF PROPOSED RULEMAKING is hereby ADOPTED.

71. IT IS FURTHER ORDERED that the Commission's Consumer Information and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this FOURTH NOTICE OF PROPOSED RULEMAKING, including
    the Initial Regulatory Flexibility Analysis, to the Chief Counsel
    for Advocacy of the Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A: Proposed Rules**

For the reasons discussed in the preamble, the Federal Communications
Commission proposes to amend 47 C.F.R. parts 1, 2, 15, and 87 as
follows:

**PART 1 -- PRACTICE AND PROCEDURE**

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

**AUTHORITY**: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and
325(e) unless otherwise noted.

2\. Section 1.1307(b)(1) is amended by revising the entry for "Wireless
Communications Service (part 27" to read as follows:

**[§ 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assignments (EAs) must be
prepared.]{.underline}**

\* \* \* \* \*

(b)(1) \* \* \*

TABLE 1 ‑ TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE
ENVIRONMENTAL EVALUATION

+--------------------------------+-------------------------------------+
| Service (title 47 CFR rule     | Evaluation requirement if:          |
| part)                          |                                     |
+--------------------------------+-------------------------------------+
| \* \* \* \*                    | \* \* \*                            |
+--------------------------------+-------------------------------------+
| Wireless Communications        | \(1\) for the 1390‑1392 MHz,        |
| Service (part 27)........      | 1392‑1395 MHz, 1432‑1435 MHz , and  |
|                                | 1670‑1675 MHz bands:                |
|                                |                                     |
|                                | [Non‑building‑mounted               |
|                                | antennas:]{.underline} height above |
|                                | ground level to lowest point of     |
|                                | antenna \< 10 m [and]{.underline}   |
|                                | total power of all channels \> 2000 |
|                                | W ERP (3280 W EIRP)                 |
|                                |                                     |
|                                | [Building‑mounted                   |
|                                | antennas:]{.underline} total power  |
|                                | of all channels \> 2000 W ERP (3280 |
|                                | W EIRP)                             |
|                                |                                     |
|                                | \(2\) for the 746‑764 MHz,          |
|                                | 776‑794 MHz, 2305‑2320 MHz, and     |
|                                | 2345‑2360 MHz bands                 |
|                                |                                     |
|                                | Total power of all channels \> 1000 |
|                                | W ERP (1640 W EIRP)                 |
+--------------------------------+-------------------------------------+
| \* \* \* \*                    | \* \* \*                            |
+--------------------------------+-------------------------------------+

\* \* \* \* \*

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

3\. The authority citation for part 2 continues to read as follows:

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

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

a\. Revise pages 48, 50, and 51.

b\. In the list of United States (US) footnotes, revise footnotes US276
and US346, delete US363, and add footnote USxxx.

c\. In the list of non‑Federal Government (NG) footnotes, delete
footnote NG174.

d\. In the list of Federal Government (G) footnotes, revise footnotes
G2, G120, and G122.

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

The revisions and additions read as follows:

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 5.149     |           |           | 1755‑1850 | 1755‑1850 |         |
| 5.341     |           |           |           |           |         |
| 5.385     |           |           | FIXED     |           |         |
| 5.386     |           |           |           |           |         |
| 5.387     |           |           | MOBILE    |           |         |
| 5.388     |           |           |           |           |         |
|           |           |           | G42       |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 1850‑2025 | 1850‑2000 | P       |
|           |           |           |           |           | ersonal |
|           |           |           |           | FIXED     |         |
|           |           |           |           |           | Communi |
|           |           |           |           | MOBILE    | cations |
|           |           |           |           |           | (24)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1930‑1970 | 1930‑1970 | 1930‑1970 |           |           |         |
|           |           |           |           |           |         |
| FIXED     | FIXED     | FIXED     |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| 5.388A    | 5.388A    | 5.388A    |           |           |         |
|           |           |           |           |           |         |
| 5.388     | Mobile‑   | 5.388     |           |           |         |
|           | satellite |           |           |           |         |
|           |           |           |           |           |         |
|           | (Earth‑   |           |           |           |         |
|           | to‑space) |           |           |           |         |
|           |           |           |           |           |         |
|           | 5.388     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1970‑1980 |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
| 5.388A    |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.388     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1980‑2010 |           |           |           | NG177     |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE‑   |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (Earth‑   |           |           |           |           |         |
| to‑space) |           |           |           |           |         |
| 5.351A    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 2000‑2020 | Sa      |
|           |           |           |           |           | tellite |
|           |           |           |           | MOBILE‑   |         |
|           |           |           |           | SATELLITE | Communi |
|           |           |           |           |           | cations |
|           |           |           |           | (Earth‑   | (25)    |
|           |           |           |           | to‑space) |         |
|           |           |           |           | US380     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.388     |           |           |           |           |         |
| 5.389A    |           |           |           |           |         |
| 5.389B    |           |           |           |           |         |
| 5.389F    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2010‑2025 | 2010‑2025 | 2010‑2025 |           | NG156     |         |
|           |           |           |           |           |         |
| FIXED     | FIXED     | FIXED     |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| 5.388A    |           | 5.388A    |           |           |         |
|           | MOBILE‑   |           |           |           |         |
| 5.388     | SATELLITE | 5.388     |           |           |         |
|           |           |           |           |           |         |
|           | (Earth‑   |           |           |           |         |
|           | to‑space) |           |           |           |         |
|           |           |           |           |           |         |
|           | 5.388     |           |           |           |         |
|           | 5.389C    |           |           |           |         |
|           | 5.389D    |           |           |           |         |
|           | 5.389E    |           |           |           |         |
|           | 5.390     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 2020-2025 |         |
|           |           |           |           |           |         |
|           |           |           |           | FIXED     |         |
|           |           |           |           |           |         |
|           |           |           |           | MOBILE    |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | NG177     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2025‑2110 |           |           | 2025‑2110 | 2025‑2110 | TV      |
|           |           |           |           |           | Au      |
| SPACE     |           |           | SPACE     | FIXED     | xiliary |
| OPERATION |           |           | OPERATION | NG23      |         |
| (Earth‑   |           |           |           | NG118     | Broad   |
| to‑space) |           |           | (Earth‑   |           | casting |
| (space‑   |           |           | to‑space) | MOBILE    | (74F)   |
| to‑space) |           |           |           | 5.391     |         |
|           |           |           | (space‑   |           | Cable   |
| EARTH     |           |           | to‑space) | 5.392     | TV      |
| EXP       |           |           |           | US90      | Relay   |
| LORATION‑ |           |           | EARTH     | US222     | (78)    |
| SATELLITE |           |           | EXP       | US346     |         |
| (Earth‑   |           |           | LORATION‑ |           | Local   |
| to‑space) |           |           |           | US347     | TV      |
| (space‑   |           |           | SATELLITE | USxxx     | Trans   |
| to‑space) |           |           | (         |           | mission |
|           |           |           | Earth‑to‑ |           |         |
| FIXED     |           |           |           |           | (101J)  |
|           |           |           | space)    |           |         |
| MOBILE    |           |           | (space‑   |           |         |
| 5.391     |           |           | to‑space) |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           | SPACE     |           |         |
| RESEARCH  |           |           | RESEARCH  |           |         |
| (Earth‑   |           |           | (Earth‑   |           |         |
| to‑space) |           |           |           |           |         |
| (space‑   |           |           | to‑space) |           |         |
| to‑space) |           |           | (space‑   |           |         |
|           |           |           | to‑space) |           |         |
| 5.392     |           |           |           |           |         |
|           |           |           | 5.391     |           |         |
|           |           |           | 5.392     |           |         |
|           |           |           | US90      |           |         |
|           |           |           | US222     |           |         |
|           |           |           |           |           |         |
|           |           |           | US346     |           |         |
|           |           |           | US347     |           |         |
|           |           |           | USxxx     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

Page 48

+-----------+-----------------------+-----------+-----------+---------+
| 5.392     |                       | MOBILE    | US303     |         |
|           |                       | (line     |           |         |
|           |                       | ‑of‑sight |           |         |
|           |                       | only      |           |         |
|           |                       |           |           |         |
|           |                       | including |           |         |
|           |                       | aer       |           |         |
|           |                       | onautical |           |         |
|           |                       | tele‑     |           |         |
|           |                       |           |           |         |
|           |                       | metry,    |           |         |
|           |                       | but       |           |         |
|           |                       | excluding |           |         |
|           |                       | flight    |           |         |
|           |                       |           |           |         |
|           |                       | testing   |           |         |
|           |                       | of manned |           |         |
|           |                       | aircraft) |           |         |
|           |                       |           |           |         |
|           |                       | SPACE     |           |         |
|           |                       | RESEARCH  |           |         |
|           |                       | (space‑   |           |         |
|           |                       |           |           |         |
|           |                       | to‑Earth) |           |         |
|           |                       | (space‑   |           |         |
|           |                       | to‑space) |           |         |
|           |                       |           |           |         |
|           |                       | 5.392     |           |         |
|           |                       | US303     |           |         |
+-----------+-----------------------+-----------+-----------+---------+
| 2290‑2300 |                       | 2290‑2300 | 2290‑2300 |         |
|           |                       |           |           |         |
| FIXED     |                       | FIXED     | SPACE     |         |
|           |                       |           | RESEARCH  |         |
| MOBILE    |                       | MOBILE    | (deep     |         |
| except    |                       | except    |           |         |
| aer       |                       | aer       | space)    |         |
| onautical |                       | onautical | (space‑   |         |
| mobile    |                       |           | to‑Earth) |         |
|           |                       | mobile    |           |         |
| SPACE     |                       |           |           |         |
| RESEARCH  |                       | SPACE     |           |         |
| (deep     |                       | RESEARCH  |           |         |
| space)    |                       | (deep     |           |         |
| (space‑   |                       |           |           |         |
| to‑Earth) |                       | space)    |           |         |
|           |                       | (space‑   |           |         |
|           |                       | to‑Earth) |           |         |
+-----------+-----------------------+-----------+-----------+---------+
| 2300‑2450 | 2300‑2450             | 2300‑2305 | 2300‑2305 | Amateur |
|           |                       |           |           | (97)    |
| FIXED     | FIXED                 | G123      | Amateur   |         |
|           |                       |           |           | Note:   |
| MOBILE    | MOBILE                |           |           | 2300‑2  |
|           |                       |           |           | 305 MHz |
| Amateur   | RADIOLOCATION         |           |           | became  |
|           |                       |           |           | non‑    |
| Radi      | Amateur               |           |           | Federal |
| olocation |                       |           |           | Gov     |
|           |                       |           |           | ernment |
|           |                       |           |           | ex      |
|           |                       |           |           | clusive |
|           |                       |           |           | s       |
|           |                       |           |           | pectrum |
|           |                       |           |           | in      |
|           |                       |           |           | August  |
|           |                       |           |           | 1995    |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       | 2305‑2310 | 2305‑2310 | W       |
|           |                       |           |           | ireless |
|           |                       | US338     | FIXED     |         |
|           |                       | G123      |           | Communi |
|           |                       |           | MOBILE    | cations |
|           |                       |           | except    | (27)    |
|           |                       |           | aer       |         |
|           |                       |           | onautical | Amateur |
|           |                       |           |           | (97)    |
|           |                       |           | mobile    |         |
|           |                       |           |           |         |
|           |                       |           | RADI      |         |
|           |                       |           | OLOCATION |         |
|           |                       |           |           |         |
|           |                       |           | Amateur   |         |
|           |                       |           |           |         |
|           |                       |           | US338     |         |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       | 2310‑2360 | 2310‑2320 | W       |
|           |                       |           |           | ireless |
|           |                       | Fixed     | FIXED     |         |
|           |                       |           |           | Communi |
|           |                       | Mobile    | MOBILE    | cations |
|           |                       | US339     | US339     | (27)    |
|           |                       |           |           |         |
|           |                       | Radi      | RADI      |         |
|           |                       | olocation | OLOCATION |         |
|           |                       | G2        |           |         |
|           |                       |           | BROA      |         |
|           |                       |           | DCASTING‑ |         |
|           |                       |           |           |         |
|           |                       |           | SATELLITE |         |
|           |                       |           | US327     |         |
|           |                       |           |           |         |
|           |                       |           | 5.396     |         |
|           |                       |           | US338     |         |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       |           | 2320‑2345 | Sa      |
|           |                       |           | BROA      | tellite |
|           |                       |           | DCASTING‑ |         |
|           |                       |           |           | Communi |
|           |                       |           | SATELLITE | cations |
|           |                       |           | US327     | (25)    |
|           |                       |           |           |         |
|           |                       |           | Mobile    |         |
|           |                       |           | US276     |         |
|           |                       |           | US328     |         |
|           |                       |           |           |         |
|           |                       |           | 5.396     |         |
+-----------+-----------------------+-----------+-----------+---------+
|           |                       | 5.396     | See next  | See     |
|           |                       | US327     | page for  | next    |
|           |                       | US328     |           | page    |
|           |                       |           | 2345      | for     |
|           |                       |           | ‑2450 MHz |         |
|           |                       |           |           | 2345‑2  |
|           |                       |           |           | 450 MHz |
+-----------+-----------------------+-----------+-----------+---------+
| 5.150     | 5.150 5.282 5.393     | See next  |           |         |
| 5.282     | 5.394 5.396           | page      |           |         |
| 5.395     |                       |           |           |         |
+-----------+-----------------------+-----------+-----------+---------+

Page 50

+-----------+-----------+-----------+-----------+-----------+---------+
| 2345      |           |           |           |           | Page 51 |
| ‑2655 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 |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| See       |           |           | See       | 2345‑2360 | W       |
| previous  |           |           | previous  |           | ireless |
| page for  |           |           | page for  | FIXED     |         |
| 2300      |           |           |           |           | Communi |
| ‑2450 MHz |           |           | 2310      | MOBILE    | cations |
|           |           |           | ‑2360 MHz | US339     | (27)    |
|           |           |           |           |           |         |
|           |           |           |           | RADI      |         |
|           |           |           |           | OLOCATION |         |
|           |           |           |           |           |         |
|           |           |           |           | BROA      |         |
|           |           |           |           | DCASTING‑ |         |
|           |           |           |           |           |         |
|           |           |           |           | SATELLITE |         |
|           |           |           |           | US327     |         |
|           |           |           |           |           |         |
|           |           |           |           | 5.396     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2360‑2390 | 2360‑2390 | A       |
|           |           |           |           |           | viation |
|           |           |           | MOBILE    | MOBILE    | (87)    |
|           |           |           | US276     | US276     |         |
|           |           |           |           |           |         |
|           |           |           | RADI      |           |         |
|           |           |           | OLOCATION |           |         |
|           |           |           | G2 G120   |           |         |
|           |           |           |           |           |         |
|           |           |           | Fixed     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2390‑2395 | 2390‑2395 | A       |
|           |           |           |           |           | viation |
|           |           |           | MOBILE    | AMATEUR   | (87)    |
|           |           |           | US276     |           |         |
|           |           |           |           | MOBILE    | Amateur |
|           |           |           |           | US276     | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2395‑2400 | 2395-2400 | Amateur |
|           |           |           |           |           | (97)    |
|           |           |           | G122      | AMATEUR   |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2400‑2402 | 2400‑2402 | ISM     |
|           |           |           |           |           | Eq      |
|           |           |           | 5.150     | Amateur   | uipment |
|           |           |           | G123      |           | (18)    |
|           |           |           |           | 5.150     |         |
|           |           |           |           | 5.282     | Amateur |
|           |           |           |           |           | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2402‑2417 | 2402‑2417 |         |
|           |           |           |           |           |         |
|           |           |           | 5.150     | AMATEUR   |         |
|           |           |           | G122      |           |         |
|           |           |           |           | 5.150     |         |
|           |           |           |           | 5.282     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2417‑2450 | 2417‑2450 |         |
|           |           |           |           |           |         |
|           |           |           | Radi      | Amateur   |         |
|           |           |           | olocation |           |         |
|           |           |           | G2        | 5.150     |         |
|           |           |           |           | 5.282     |         |
|           |           |           | 5.150     |           |         |
|           |           |           | G124      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 24        | 24        |           | 24        | 24        | ISM     |
| 50‑2483.5 | 50‑2483.5 |           | 50‑2483.5 | 50‑2483.5 | Eq      |
|           |           |           |           |           | uipment |
| FIXED     | FIXED     |           | 5.150     | FIXED     | (18)    |
|           |           |           | US41      |           |         |
| MOBILE    | MOBILE    |           |           | MOBILE    | Private |
|           |           |           |           |           | Land    |
| Radi      | RADI      |           |           | Radi      | Mobile  |
| olocation | OLOCATION |           |           | olocation |         |
|           |           |           |           |           | \(90\)  |
| 5.150     | 5.150     |           |           | 5.150     |         |
| 5.397     | 5.394     |           |           | US41      | TV      |
|           |           |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           |         |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           | (74F)   |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US276 Except as otherwise provided for herein, use of the bands and
2320-2345 MHz and 2360-2395 MHz by the mobile service is limited to
Federal Government aeronautical mobile applications and to non‑Federal
Government aeronautical telemetering and associated telecommand
operations for flight testing of aircraft, missiles or major components
thereof. The following four frequencies are shared on a co‑equal basis
by Federal and non‑Federal Government stations for telemetering and
associated telecommand operations of expendable and reusable launch
vehicles whether or not such operations involve flight testing:
2332.5 MHz, 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz. Other Federal
Government mobile uses and other non‑Federal Government mobile
telemetering uses shall be secondary to the above uses.

\* \* \* \* \*

US346 Except as provided for below and by footnote US222, Federal
Government use of the band 2025‑2110 MHz by the space operation service
(Earth‑to‑space), Earth exploration‑satellite service (Earth‑to‑space),
and space research service (Earth‑to‑space) shall not constrain the
deployment of the Television Broadcast Auxiliary Service, the Cable
Television Relay Service, or the Local Television Transmission Service.
To facilitate compatible operations between non‑Federal Government
terrestrial receiving stations and Federal Government earth station
transmitters, coordination is required. To facilitate compatible
operations between non‑Federal Government terrestrial transmitting
stations and Federal Government spacecraft receivers, the terrestrial
transmitters shall not be high‑density systems (see Recommendations
ITU‑R SA.1154 and ITU‑R F.1247). Military satellite control stations at
the following sites shall operate on a co‑equal, primary basis with
non‑Federal Government operations:

  -------------------------------------------- ------------- --------------
  Facility                                     Coordinates   

  Naval Satellite Control Network, Prospect    44° 24\' 55\" 068° 00\' 50\"
  Harbor, ME                                   N             W

  New Hampshire Tracking Station, New Boston   42° 56\' 52\" 071° 37\' 37\"
  AFS, NH                                      N             W

  Eastern Vehicle Check‑out Facility & GPS     28° 29\' 10\" 080° 34\' 34\"
  Ground Antenna & Monitoring Station, Cape    N             W
  Canaveral, FL                                              

  Buckley AFB, CO                              39° 42\' 55\" 104° 46\' 29\"
                                               N             W

  Colorado Tracking Station, Schriever AFB, CO 38° 48\' 21\" 104° 03\' 43\"
                                               N             W

  Kirtland AFB, NM                             35° 03\' 00\" 106° 24\' 00\"
                                               N             W

  Camp Parks Communications Annex, Pleasanton, 37° 44\' 00\" 121° 52\' 00\"
  CA                                           N             W

  Naval Satellite Control Network, Laguna      34° 06\' 55\" 119° 04\' 50\"
  Peak, CA                                     N             W

  Vandenberg Tracking Station, Vandenberg AFB, 34° 49\' 24\" 120° 31\' 54\"
  CA                                           N             W

  Hawaii Tracking Station, Kaena Pt, Oahu, HI  21° 33\' 48\" 158° 14\' 54\"
                                               N             W

  Guam Tracking Stations, Anderson AFB, and    13° 36\' 48\" 144° 51\' 12\"
  Naval CTS, Guam                              N             E
  -------------------------------------------- ------------- --------------

\* \* \* \* \*

USxxx In the band 2025‑2110 MHz, the military services may operate
stations in the fixed and mobile except aeronautical mobile services on
a secondary and coordinated basis at the following sites:

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

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

  China Lake,                                     35° 41\' N 117°    50
  CA...................................           41\' W             

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

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

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

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

\* \* \* \* \*

FEDERAL GOVERNMENT (G) FOOTNOTES

\* \* \* \* \*

G2 In the bands 216‑225 MHz, 420‑450 MHz (except as provided by US217),
890‑902 MHz, 928‑942 MHz, 1300‑1390 MHz, 2310‑2390 MHz, 2417‑2450 MHz,
2700‑2900 MHz, 5650‑5925 MHz, and 9000‑9200 MHz, the Government
radiolocation service is limited to the military services.

\* \* \* \* \*

G120 Development of airborne primary radars in the band 2360‑2390 MHz
with peak transmitter power in excess of 250 watts for use in the United
States is not permitted.

G122 In the bands 2395‑2400 MHz, 2402‑2417 MHz, and 4940‑4990 MHz,
Federal Government operations may be authorized on a non‑interference
basis to authorized non‑Federal Government operations, but shall not
hinder the implementation of any non‑Federal Government operations.

\* \* \* \* \*

**PART 15 -- RADIO FREQUENCY DEVICES**

5\. The authority citation for part 15 continues to read as follows:

**AUTHORITY**: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 554A.

6\. Section 15.301 is amended to read as follows:

**[§ 15.301 Scope.]{.underline}**

This subpart sets out the regulations for unlicensed personal
communications services (PCS) devices operating in the 1920‑1930 MHz
band.

7\. Section 15.303 is amended by revising paragraphs (a), (g), and (i)
to read as follows:

**[§ 15.303 Definitions.]{.underline}**

\(a\) \[Reserved\]

\* \* \* \* \*

\(g\) Personal Communications Services (PCS) Devices \[Unlicensed\].
Intentional radiators operating in the frequency band 1920‑1930 MHz that
provide a wide array of mobile and ancillary fixed communication
services to individuals and businesses.

\* \* \* \* \*

\(i\) \[Reserved\]

\* \* \* \* \*

8\. Section 15.319 is amended by revising paragraph (a) to read as
follows:

**[§ 15.319 General technical requirements.]{.underline}**

\(a\) The 1920‑1930 MHz band is limited to use by isochronous devices
under the requirements of § 15.323.

\* \* \* \* \*

9\. Section 15.321 is removed.

**[§ 15.321 Specific requirements for asynchronous devices operating in
the 1910‑1920 MHz band.]{.underline}**

**PART 27 -- MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES**

10\. The authority citation for Part 27 continues to read as follows:

**AUTHORITY**: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and
337, unless otherwise noted.

11\. Section 27.1 is amended by removing paragraph (b)(7):

**[§ 27.1 Basis and purpose.]{.underline}**

\* \* \* \* \*

\(b\) \* \* \*

12\. Section 27.4 is amended by revising the definition of Band Manager
to read as follows:

**[§ 27.4 Terms and definitions.]{.underline}**

\* \* \* \* \*

[Band Manager.]{.underline} The term Band Manager refers to a licensee
in the paired 1392‑1395 MHz and 1432‑1435 MHz bands and the unpaired
1390‑1392 MHz, and 1670‑1675 MHz bands that functions solely as a
spectrum broker by subdividing its licensed spectrum and making it
available to system operators or directly to end users for fixed or
mobile communications consistent with Commission Rules. A Band Manager
is directly responsible for any interference or misuse of its licensed
frequency arising from its use by such non‑licensed entities.

\* \* \* \* \*

13\. Section 27.5 is amended by removing paragraph (g):

**[§ 27.5 Frequencies.]{.underline}**

\* \* \* \* \*

14\. Section 27.6 is amended by removing paragraph (g):

**[§ 27.6 Service areas.]{.underline}**

\* \* \* \* \*

15\. Section 27.11 is amended by removing paragraph (h).

**[§ 27.11  Initial authorization.]{.underline}**

\* \* \* \* \*

16\. Section 27.12 is amended to revise paragraph (b) to read as
follows.

**[§ 27.12 Eligibility.]{.underline}**

\* \* \* \* \*

\(b\) Band Manager licenses. For the 1392‑1395 MHz and 1670‑1675 MHz
bands and the paired 1392‑1395 MHz and 1432‑1435 MHz bands, applicants
applying for an initial license may elect to operate as a Band Manager,
subject to the rules governing Guard Band Managers under subpart G,
[provided however]{.underline}, that the following rules do not apply to
Band Managers:

\* \* \* \* \*

17\. Section 27.13 is amended by removing paragraph (f).

**[§ 27.13 License period.]{.underline}**

\* \* \* \* \*

18\. Section 27.50 is amended by removing paragraphs (f), (f)(1), and
(f)(2).

**[§ 27.50 Power and antenna height limits.]{.underline}**

\* \* \* \* \*

19\. Section 27.53 is amended by removing paragraph (j).

**[§ 27.53 Emission limits.]{.underline}**

\* \* \* \* \*

20\. Subpart K is deleted.

**[Subpart K -- 2385‑2390 MHz Band.]{.underline}**

**Part 87 -- AVIATION SERVICES**

21\. The authority citation for Part 87 continues to read as follows:

**AUTHORITY**: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064‑1068,
1081‑1105, as amended; 47 U.S.C. 151‑156, 301‑609.

22\. Section 87.173 is amended by revising the entry for "2310‑2390 MHz"
to read as follows:

**[§ 87.173 Frequencies.]{.underline}**

\* \* \* \* \*

\(b\) Frequency table:

  ----------------------- ----------- ---------------- -------------------
  Frequency or frequency  Subpart     Class of station Remarks
  band                                                 

  \* \*                   \* \*       \* \*            \*

  2310‑2395 MHz           \* \* \*    \* \*            \* \*

  \* \*                   \* \*       \* \*            \*
  ----------------------- ----------- ---------------- -------------------

23\. Section 87.303 is amended by revising paragraph (d)(1) to read as
follows:

**[§ 87.303 Frequencies.]{.underline}**

\* \* \* \* \*

(d)(1) Frequencies in the bands 1435‑1525 MHz and 2360‑2395 MHz are
assigned primarily for telemetry and telecommand operations associated
with the flight testing of aircraft and missiles, or their major
components. The bands 1525‑1535 MHz and 2310‑2360 MHz are also available
for these purposes on a secondary basis. Permissible uses of these bands
include telemetry and telecommand transmissions associated with the
launching and reentry into the Earth's atmosphere, as well as any
incidental orbiting prior to reentry, of manned or unmanned objects
undergoing flight tests. In the band 1435‑1530 MHz, the following
frequencies are shared with flight telemetry mobile stations: 1444.5,
1453.5, 1501.5, 1515.5, 1524.5, and 1525.5 MHz. In the band
2360‑2390 MHz, the following frequencies may be assigned on a co‑equal
basis for telemetry and associated telecommand operations in fully
operational or expendable and re‑usable launch vehicles, whether or not
such operations involve flight testing: 2364.5, 2370.5 and 2382.5 MHz.
In the band 2360‑2395 MHz, all other mobile telemetry uses are secondary
to the above stated launch vehicle uses.

\* \* \* \* \*

**PART 97\--AMATEUR RADIO SERVICE**

24\. The authority citation for Part 97 continues to read as follows:

AUTHORITY: 48 Stat. 1066, 1082, as amended: 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C.
151-155, 301-609, unless otherwise noted

25\. Section 97.303(j)(2)(iii) is modified to read as follows:

**[§ 97.303 Frequency sharing requirements.]{.underline}**

\*\*\*\*\*

\(j\) \* \* \* \* \*

\(2\) \* \* \* \* \*

\(iii\) The 2390-2417 MHz segment is allocated to the amateur service on
a primary basis.

\(A\) The 2390-2395 MHz segment is shared with Federal and non-Federal
Government mobile services on a co-equal basis. See 47 C.F.R. § 2.106,
footnote US276.

\(B\) Amateur stations operating in the 2400-2417 MHz segment must
accept harmful interference that may be caused by industrial, scientific
and medical equipment.

\* \* \* \* \*

**APPENDIX B: Initial Regulatory Flexibility Analysis**

As required by the Regulatory Flexibility Act ("RFA"),[^138] the
Commission has prepared this Initial Regulatory Flexibility Analysis
("IRFA") of the possible significant economic impact on small entities
by the policies and rules proposed in this *Fourth Notice of Proposed
Rule Making* ("*4^th^ NPRM"*). Written public comments are requested on
this IRFA and must be filed by the deadlines for comments on the
*4^th^ NPRM* provided above in paragraph 66. The Commission will send a
copy of the *4^th^ NPRM*, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration.[^139] In addition, the
*4^th^ NPRM* (or summaries thereof), including the IRFA, will be
published in the Federal Register.[^140]

**A. Need for, and Objectives of, the Proposed Rules**

We propose to allow DOD to use the band 2025‑2110 MHz on a co‑equal,
primary basis with non‑Federal Government operations for DOD earth
stations at 11 sites that support DOD space operations. DOD access to
the band 2025-2110 MHz may make more spectrum available in the band
1755‑1850 MHz for absorbing certain DOD systems displaced from the band
1710‑1755 MHz. In addition, we propose to permit the military services
to operate stations in the fixed and mobile services in the band
2025‑2110 MHz on a secondary (non-interference) basis at six sites in
the southwestern region of the United States.

We also propose to make numerous allocation changes to the band
2360‑2400 MHz, the most significant of which would rescind the recent
establishment of Wireless Communications Services at 2385‑2390 MHz,
allow Federal and non-Federal Government flight test stations to operate
in the band 2385‑2395 MHz, and no longer make the band 2390‑2400 MHz
available for use by unlicensed Personal Communications Services
devices. These allocation changes would permit DOD to relocate all
aeronautical mobile systems out of the band 1710‑1755 MHz, which is a
major objective for facilitating the introduction of AWS. In addition,
these allocation changes would provide needed replacement spectrum for
use by DOD and commercial flight test stations, which may shortly lose
access to the 35 megahertz of spectrum at 1525-1535 MHz and 2320-2345
MHz.

**B. Legal Basis**

This action is authorized under Sections 1, 4(i), 302, 303(f) and (r),
332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. §§
1, 4(i), 154(i), 302, 303(f) and (r), 332, 337.

**C. Description and Estimate of the number of Small Entities to Which
the Proposed Rule 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.[^141] The RFA generally defines
the term "small entity" as having the same meaning as the terms "small
business," "small organization," and "small governmental
jurisdiction."[^142] In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act.[^143] 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).[^144]

A small organization is generally "any not-for-profit enterprise which
is independently owned and operated ad is not dominant in its
field."[^145] Nationwide, as of 1992, there were approximately 275,801
small organizations.[^146] "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."[^147] As of 1997, there were approximately 87,453 governmental
entities in the United States.[^148] This number includes 39,044 county
governments, municipalities, and townships, of which 37,546
(approximately 96.2%) have populations of fewer then 50,000 and 1,498
have populations of 500,000 or more. Thus, we estimate the number of
small governmental jurisdictions overall to be approximately 84,098 or
fewer.

In the band 2025‑2110 MHz, the proposals in this *4^th^ NPRM* would
affect licensees in the Television Broadcast Auxiliary Service ("BAS"),
the Local Television Transmission Service ("LTTS"), and the Cable
Television Relay Service ("CARS").

***Broadcast Auxiliary Service*** (BAS) involves a variety of
transmitters, generally used to relay broadcast programming to the
public (through translator and booster stations) or within the program
distribution chain (from a remote news gathering unit back to the
stations). There are approximately 568 TV BAS licensees in the band
1990-2025 MHz. It is unclear how many of these would be affected by our
proposals.

The Commission has not developed a definition of small entities specific
to broadcast auxiliary licensees. The U.S. Small Business Administration
(SBA) has developed small business size standards, as follows: For TV
BAS, we will use the size standard for Television Broadcasting, which
consists of all such companies having annual receipts of no more than
\$12.0 million.[^149] According to Census Bureau data for 1997, there
were 906 Television Broadcasting firms, total that operated for the
entire year.[^150] Of this total, 734 firms had annual receipts of
\$9,999,999.00 or less and an additional 71 had receipts of \$10 million
to \$24,999,999.00.[^151] Thus, under this standard, the majority of
firms can be considered small.

***Cable Antenna Relay Service*** (CARS) There are nine CARS mobile
licensees in the band 1990-2025 MHz. It is unclear how many of these
would be affected by our proposals. The SBA has developed a small
business size standard for Cable and other Program Distribution, which
consists of all such companies having annual receipts of no more than
\$12.5 million.[^152] According to Census Bureau data for 1997, there
were 1,311 firms within the industry category Cable and Other Program
Distribution, total, that operated for the entire year.[^153] Of this
total, 1,180 firms had annual receipts of \$9,999,999.00 or less, and an
additional 52 firms had receipts of \$10 million to
\$24,999,999.00.[^154] Thus, under this standard, the majority of firms
can be considered small.

***Local Television Transmission Service*** (LTTS) There are 33 LTTS
licensees in the band 1990-2025 MHz. It is unclear how many of these
would be affected by our proposals. The Commission has not yet defined a
small business with respect to local television transmission services.
For purposes of this IRFA, 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.[^155] According to Census Bureau data
for 1997, there were 977 firms in this category, total, that operated
for the entire year.[^156] 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.[^157] Thus, under this size standard, the great
majority of firms can be considered small.

In the band 2360‑2390 MHz, the proposals are not expected to impact
licensees of flight test stations, except to provide continued access to
the band 2385‑2390 MHz segment. That is, Federal and non‑Federal
Government licensees of flight test stations have long shared the band
2360‑2390 MHz and our proposals would essentially return the band
2385‑2390 MHz to its state prior to reallocation. The additional
flexibility given to Federal Government users is not expected to impact
licensees of flight test stations because this use would be on a
secondary basis.

In the band 2390‑2400 MHz, the proposals are not expected to greatly
impact licensees in the amateur service or manufacturers of unlicensed
PCS. Federal and non-Federal Government use of the band 2390‑2395 MHz is
expected to occur at only a limited number of aeronautical telemetry
ranges in remote areas. We have reviewed our files and have found that
no unlicensed PCS device has been authorized in the band 2390‑2400 MHz.

We seek comment on this analysis. In providing such comment, commenters
are requested to provide information regarding how many total and small
business entities would be affected.

**D. Description of projected reporting, recordkeeping, and other
compliance requirements.**

The proposed rules would require that DOD coordinate a request for use
of frequencies in the band 2025-2110 MHz prior to submitting an
application to the Commission. Commission licensees may choose to
conduct studies or incur other expenses during the coordination process.
We are unable to estimate the costs involved with the coordination
process.

**E. 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 reaching its proposed 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 or
reporting requirements under the rule for 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 small entities.[^158]

We have proposed to require that the 11 Federal Government earth
stations prior coordinate their frequency use. Such a requirement will
ensure that these earth stations operate in a manner that minimizes the
potential of causing harmful interference. This action is expected to
protect incumbent BAS, LTTS, and CARS systems from service disruptions
caused by receiving harmful interference. We seek comment on significant
alternatives commenters believe we should adopt.

**F. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules.**

None.

**APPENDIX C: Commenters to the *2002 Viability Assessment***

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

Aerospace and Flight Test Radio Coordinating Council ("AFTRCC")

ArrayComm, Inc.

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

BellSouth Corporation, Nucentrix Broadband Networks, Inc., Sprint
Corporation, WorldCom, Inc., and Wireless Communications Association
International, Inc.

Broadcast Data Corporation and Private Networks, Inc.

Canadian Wireless Telecommunications Association

Cellular Telecommunications & Internet Association ("CTIA")

Cingular Wireless LCC

DCT Los Angeles, L.L.C.

Ericsson Inc

ICO Global Communications (Holdings) Ltd.

Motorola, Inc. ("Motorola")

Nokia, Inc.

Pinnacle West Capital Corporation

Radio Advisory Board of Canada

Siemens

Sirius Satellite Radio Inc. and XM Radio Inc. ("Satellite Radio
Licensees")

Telecommunications Industry Association

Verizon Wireless

STATEMENT OF

COMMISSIONER MICHAEL J. COPPS

RE: Amendment of Part 2 of the Commission's Rules to Allocate Spectrum
Below 3 GHz for Mobile and Fixed Service to Support the Introduction of
New Advanced Wireless Services, Including Third Generation Wireless
Systems, ET Docket No. 00-258, et al.

While I support this Notice of Public rulemaking, I want to note my
serious concern with the impact of this proceeding on the Broadcast
Auxiliary Service ("BAS"). I am pleased that the Commission states in
the NPRM that it is "concerned about the impact on future BAS growth." I
know that broadcasters will participate fully in this proceeding and
will help us to understand the implication of our proposal. I hope that
the Commission will carefully study the impact on our upcoming decision
on future BAS growth.

[^1]: *See 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, *Second Report
    and Order*, 17 FCC Rcd 23193 (2003) ("*AWS Second Report and
    Order*"). AWS is the collective term that 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 3G systems. We have
    also proposed service rules for AWS operations in the bands
    1710‑1755 MHz and 2110‑2155 MHz. *See also Service Rules for
    Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands*, WT
    Docket No. 02‑353, *Notice of Proposed Rulemaking*, 17 FCC Rcd 24135
    (2002).

[^2]: *See* National Telecommunications and Information Administration
    ("NTIA") *Report* entitled "An Assessment of the Viability of
    Accommodating Advanced Mobile Wireless (3G) Systems in the
    1710‑1770 MHz and 2110‑2170 MHz Bands," dated 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>).
    *See* *also* U.S. Department of Commerce's News Release entitled
    "Bush Administration Forges Landmark Plan for Spectrum Allocation,"
    dated July 23, 2002. The Commission, which is an independent agency,
    administers non‑Federal Government spectrum and NTIA, which is an
    operating unit of the U.S. Department of Commerce, administers
    Federal Government spectrum. *See* 47 C.F.R. § 2.105.

[^3]: The band 2025‑2110 MHz is allocated to the space operation service
    (Earth‑to‑space) (space‑to‑space) on a primary basis for Federal
    Government use. However, footnote US346 states that Federal
    Government use of the space operation service will not constrain the
    deployment of non‑Federal Government operations. *See* para. 19,
    *infra.* An earth station is, *inter alia*, a station located on the
    Earth's surface and intended for communication with one or more
    space stations. *See* ITU *Radio Regulations*, Edition of 2001, No.
    1.63.

[^4]: *See 2002 Viability Assessment* at 3. To ensure mission success,
    NTIA anticipates that new satellites will be built with dual
    tracking and command frequencies, *i.e.*, in both the bands
    1761-1842 MHz and 2025-2110 MHz. As experience is gained with 2 GHz
    TT&C, the use of the band 1761-1842 MHz is expected to be reduced.
    Therefore, initial DOD use of the band 2025-2110 MHz will not
    constitute an immediate "relocation" of the current systems, but
    will over time significantly reduce the use of the band 1761-1842
    MHz for space operations, thereby allowing DOD the flexibility to
    accommodate additional systems in the band 1755-1850 MHz.

[^5]: *Id.*

[^6]: AFTRCC has previously stated the following: Aeronautical telemetry
    is used to provide critical operational and telecommand data between
    ground facilities and the aircraft, space vehicle, missile, or
    weapons system under test. Flight test communications are critical
    to the U.S. aerospace industry's ability to develop and deliver as
    efficiently as possible aircraft, space vehicles, and military
    equipment. Moreover, flight test telemetry performs a critical
    safety function: The telemetry link enables ground-based engineers
    to monitor in real-time conditions aboard the aircraft so as to
    detect and avert possible threats to the life of the pilot, to
    neighboring communities, or to the major investment in one-of-a-kind
    prototype aircraft. *See* AFTRCC's Petition for Partial
    Reconsideration in WT Docket No. 02-8, received July 22, 2002, at 2.

[^7]: *See* para. 8, *infra.*

[^8]: Stating that the band 2360‑2385 MHz is allocated to the mobile
    service on a primary basis and that use of this allocation is
    limited to aeronautical mobile applications is equivalent to stating
    that the band is allocated to the aeronautical mobile service on a
    primary basis. The aeronautical mobile service is a mobile service
    between aeronautical stations and aircraft stations, or between
    aircraft stations, in which survival craft stations may participate;
    emergency position‑indicating radiobeacon stations may also
    participate in this service on designated distress and emergency
    frequencies. *See* 47 C.F.R. § 2.1. *See also* note Error: Reference
    source not found and Error: Reference source not found, *infra,* for
    the definitions of aeronautical station and aircraft station.

[^9]: The use of flight test stations is restricted to the transmission
    of necessary information or instructions relating directly to tests
    of aircraft or components thereof. *See* 47 C.F.R. § 87.299 (Scope
    of service).

[^10]: *See* OBRA‑93, § 6001(a) (47 U.S.C. § 923(a)‑(b)).

[^11]: *See* Spectrum Reallocation Final Report, Response to Title VI --
    Omnibus Reconsideration Act of 1993, NTIA Special Publication 95‑32,
    dated February 1995.

[^12]: A mixed‑use band means that Federal Government stations are
    limited by geographic area, by time, or by other means so as to
    guarantee that the potential use of the band to be made by such
    Federal Government stations is substantially less than the potential
    use to be made by non‑Federal Government stations. *See* 47 U.S.C.
    932(b)(2)(B).

[^13]: *See* note Error: Reference source not found, *supra*, at
    Appendix E and page F‑4.

[^14]: *See Allocation of Spectrum Below 5 GHz Transferred from Federal
    Government Use*, ET Docket No. 94‑32, *First Report and Order and
    Second Notice of Proposed Rule Making*, 10 FCC Rcd 4769 (1995). *See
    also* paras. 45‑40, *infra*, for additional information on the
    current uses of the band 2390‑2400 MHz.

[^15]: See para. 9, *infra*. We codified these requirements in footnote
    US378. This United States footnote states that, in the band
    1710-1755 MHz, Federal Government stations in the fixed and mobile
    services will 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 follows: Federal
    fixed microwave and tactical radio relay stations may operate
    indefinitely on a primary basis at two sites and may operate on a
    secondary basis at 14 sites. In the sub-band 1710-1720 MHz,
    precision guided munitions will operate on a primary basis until
    inventory is exhausted or until December 31, 2008, whichever is
    earlier.

[^16]: *See* BBA‑97, § 3002(e) (47 U.S.C. § 923(b)(3)). *See also* 47
    U.S.C. § 309(j).

[^17]: *See* "Spectrum Reallocation Report, Response to Title III of the
    Balanced Budget Act of 1997," NTIA Special Publication 98‑36, dated
    February 1998. *See also* para. 44, *infra*, for a discussion of the
    current uses of band 2360‑2390 MHz.

[^18]: *See* WINForum's Petition for Rulemaking, RM‑9498, received on
    January 8, 1999, at 12.

[^19]: *See Reallocation of the 216‑220 MHz, 1390‑1395 MHz,
    1427‑1429 MHz, 1429‑1432 MHz, 1432‑1435 MHz, 1670‑1675 MHz, and
    2385‑2390 MHz Government Transfer Bands*, ET Docket No. 00‑221,
    *Report and Order*, 17 FCC Rcd 368 (2002) ("*27 Megahertz Allocation
    R&O*").

[^20]: *See Amendments to Parts 1, 2, 27 and 90 of the Commission\'s
    Rules to License Services in the 216‑220 MHz, 1390‑1395 MHz,
    1427‑1429 MHz, 1429‑1432 MHz, 1432‑1435 MHz, 1670‑1675 MHz, and
    2385‑2390 MHz Government Transfer Bands*, WT Docket No. 02‑8,
    *Report and Order*, 17 FCC Rcd 9980 (2002) ("*27 Megahertz Service
    Rules R&O*").

[^21]: On July 22, 2002, AFTRCC and XM Radio each submitted a Petition
    for Partial Reconsideration of the *27 Megahertz Service Rules R&O*
    that touch on the band 2385‑2390 MHz. AFTRCC's petition seeks
    reconsideration of the WCS out‑of‑band emission limits, contending
    that these limits do not adequately protect aeronautical telemetry
    operations under certain scenarios involving power levels permitted
    in the bands 1432‑1435 MHz and 2385‑2390 MHz. Further, AFTRCC
    contends that the Commission\'s rejection of AFTRCC\'s adjacent band
    coordination proposals is contrary to administrative law. AFTRCC
    requests that we adopt its proposed adjacent band coordination
    requirements for WCS operations in the bands 1432‑1435 MHz and
    2385‑2390 MHz in order to ensure a proper level of protection for
    aeronautical telemetry communications. *See* AFTRCC's Petition of
    Partial Reconsideration, WT Docket No. 02‑8, received July 22, 2002;
    and XM Radio's Petition of Partial Reconsideration, WT Docket No.
    02‑8, dated July 22, 2002. On August 8, 2002, AFTRCC filed a
    petition for leave to file a supplement to its petition. In its
    Supplement, AFRTCC requests a delay in the implementation of the
    *27 Megahertz Service Rules R&O* and new service rules pertaining to
    the band 2385‑2390 MHz pending a final decision in the 3G proceeding
    (ET Docket No. 00‑258), given the potential impact of the 3G
    proceeding on the status of the band 2385‑2390 MHz. (AFTRCC argues
    in its petition for leave to file the supplement that good cause
    exists to accept the supplement.) *See* AFTRCC Petition for Leave to
    File Supplement for Partial Reconsideration, WT Docket No. 02‑8,
    received August 8, 2002; and Comments and Supplement to Petition for
    Partial Reconsideration, WT Docket No. 02‑8, dated August 8, 2002.
    In its Petition for Partial Reconsideration, XM Radio contends that
    the Commission\'s out‑of‑bounds emission limits adopted for the band
    2385‑2390 MHz are arbitrary and capricious, not supported by the
    record, and would permit harmful interference to reception of the
    Satellite Digital Audio Radio Service ("Satellite DARS"). XM Radio
    urges us to apply to new licensees in the band 2385‑2390 MHz band
    the same out‑of‑band emission limits to protect Satellite DARS that
    the Commission adopted for WCS licensees in the bands 2305‑2320 MHz
    and 2345‑2360 MHz.

[^22]: *See* *2002 Viability Assessment* at 1‑2.

[^23]: *See* para. 3, *supra.*

[^24]: *See* Public Notice, DA 02‑1780, rel. July 24, 2002.

[^25]: *See* Appendix C for the list of commenters.

[^26]: *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*, 17 FCC 19756 (2002)
    ("*Above 28 MHz NPRM*").

[^27]: *See* AFTRCC Comments in ET Docket No. 02-305; Boeing Comments
    and Reply Comments in ET Docket No. 02-305. AFTRCC is the
    FCC-recognized advisory committee for coordination of flight test
    frequencies shared by Federal and non-Federal Government users.
    Boeing is a heavy user of aeronautical telemetry spectrum,
    performing flight test operations as a part of its commercial and
    governmental aircraft manufacturing and in the performance of many
    of its defense contracts.

[^28]: *See* Boeing Comments in ET Docket No. 02-305 at 6-8.

[^29]: *See* note Error: Reference source not found, *supra.* The
    Commission noted in the *AWS Second Report and Order* that several
    comments filed in response to the *2002 Viability Assessment* were
    best addressed in a subsequent proceeding, and we address those
    comments herein. *Id.* at n.91. *See also* Joint Petition for
    Reconsideration of Sirius Satellite Radio Inc. and XM Radio Inc.
    (filed February 24, 2003) (seeking consideration of the parties'
    filed comments either in reconsideration of the *AWS Second Report
    and Order* or as part of a further reallocation proceeding).

[^30]: This action is consistent with section 1062(b) of the National
    Defense Authorization Act of 2000, PL 106-65.

[^31]: *See 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, *Third Report
    and Order, Third Notice of Proposed Rulemaking, and Second
    Memorandum Opinion and Order*, 18 FCC Rcd 223 (2003).

[^32]: *See* Spectrum Usage for the Fixed Services, NTIA Report 00‑378,
    dated March 2000.

[^33]: TRR systems are used by the military for nodal communications
    stations that support tactical communications for a wide area.
    Certain of these TRR systems can operate throughout the frequency
    range 1350-2690 MHz. The TRR system in use for the Navy/Marine Corps
    is the DWTS (see para. 14, *supra*). *See* "The Potential For
    Accommodating Third Generation Mobile Systems in the 1710‑1850 MHz
    Band: Federal Operations, Relocation Costs, and Operational
    Impacts," Final Report, dated March 2001, NTIA Special Publication
    01‑46, at pages 3-3 and 4-4.

[^34]: *Id.* at page 3‑4.

[^35]: *Id.* at pages 3‑4 and 3‑5, Figure 2 (Plot of Frequency
    Assignments in the 1710‑1755 MHz Band). These fixed links are
    located throughout the United States. *See also* maps depicting the
    geographic distribution of fixed microwave stations used by Federal
    power agencies at Figure E‑1 and of fixed microwave stations used
    for safety‑of‑life purposes at Figure E‑2 of the Spectrum
    Reallocation Final Report, NTIA Special Publication 95‑32.

[^36]: Our numbers are from a November 21, 2002 database search. A fixed
    assignment is for a single transmitter, which may serve multiple
    receivers.

[^37]: Additionally, NTIA, in consultation with DOD, has determined that
    there is sufficient Federal Government spectrum for the relocation
    of most DOD fixed point-to-point links out of the protected sites in
    the band 1710-1755 MHz such that it was not necessary to provide
    alternative spectrum for these systems in accordance with section
    1062(b) of the National Defense Authorization Act of 2000.

[^38]: *See* note Error: Reference source not found, *supra.*

[^39]: *See* note Error: Reference source not found, *supra*, at pages
    3‑20 through 3‑24.

[^40]: This allocation is set forth in footnote G42, which reads as
    follows: "Space command, control, range and range rate systems for
    earth station transmission only (including installations on certain
    Navy ships) may be accommodated on a co‑equal basis with the fixed
    and mobile services in the band 1761‑1842 MHz. Specific frequencies
    required to be used at any location will be satisfied on a
    coordinated case‑by‑case basis." *See* 47 C.F.R. § 2.106, footnote
    G42.

[^41]: *See* Department of Defense Investigation of the Feasibility of
    Accommodating the International Mobile Telecommunications (IMT) 2000
    Within the 1755‑1850 MHz Band, dated February 9, 2001, at page 3‑2.

[^42]: *See* *2002 Viability Assessment* at 14.

[^43]: We note that NTIA released an order last summer adopting
    reimbursement procedures. *See* "Mandatory Reimbursement Rules for
    Frequency Band or Geographic Relocation of Federal
    Spectrum‑Dependent Systems, Department of Commerce," NTIA, 67 Fed.
    Reg. 41182 (June 17, 2002). We also observe that each Federal user
    retains its primary status until relocation is complete and NTIA
    limits or terminates the Federal user\'s operating license, 47
    U.S.C. § 923(g)(2), and that the Federal user has a limited
    reclamation right, 47 U.S.C. § 923(g)(3). In addition, NTIA has
    proposed legislation to change the reimbursement process by creating
    a relocation fund using auctions proceeds. *See* U.S. Department of
    Commerce, NTIA, \"Commerce Department Asks Congress to Create
    Spectrum Relocation Fund for Federal Agencies Whose Spectrum Is
    Reallocated to Commercial Use,\" NTIA Press Release, July 23, 2002.
    On June 11, 2003, the House of Representatives passed the Commercial
    Spectrum Enhancement Act (HR-1320). A similar measure (S-865) is
    tentatively scheduled to be marked up in the Senate Commerce
    Committee. This legislation from the 108 Congress can be found at
    http://thomas.loc.gov/.

[^44]: We note that the same reimbursement procedures will be used for
    Federal protected assignments that agencies have agreed voluntarily
    to relocate.

[^45]: A non‑interference, coordinated basis means that the military
    services may operate systems without an allocation in certain
    non‑Federal Government bands subject to local coordination. Local
    coordination between FCC field personnel and military field
    personnel is described in the *NTIA Manual* at Section 7.1.5.3
    (Military Communications in non‑Government Bands Above 25 MHz for
    Tactical and Training Operations) and in Section 7.17 (Military
    Communications at Test Ranges in non‑Government Bands Above 25 MHz).
    No change is contemplated in these well‑established procedures.
    *See* *NTIA Manual of Regulations & Procedures for Federal Radio
    Frequency Management*, September 2001 Revision ("*NTIA Manual*"),
    Sections 7.1.5.3 and 7.17. The *NTIA Manual* can be downloaded at
    http://www.ntia.doc.gov/osmhome/redbook/redbook.html.

[^46]: Originally, NTIA requested that the military services be
    permitted to operate ground‑based systems in mostly remote areas and
    ranges throughout the Southwestern United States, including, but not
    limited to, China Lake, CA; the Pacific Missile Test Range, Pt.
    Mugu, CA; Ft. Irwin, CA; Holloman AFB, NM (NTIA later renamed this
    site as the White Sands Missile Range); and Yuma, AZ. Subsequently,
    NTIA, with the concurrence of DOD, clarified that "ground‑based
    systems" should be more narrowly defined as "stations in the fixed
    and mobile except aeronautical mobile services" and agreed to limit
    this use to the above five sites plus Nellis AFB, NV. These
    clarifications were made by W. Russell Slye, Office of Spectrum
    Management, NTIA to Chief, Spectrum Coordination Branch, Office of
    Engineering and Technology ("OET"), FCC, on September 24, 2002,
    October 9, 2002, and March 27, 2003.

[^47]: These 11 TT&C earth stations are: New Hampshire Tracking Station,
    New Boston AFS, NH; Vandenberg Tracking Station, Vandenberg AFB, CA;
    Eastern Vehicle Check‑out Facility & GPS Ground Antenna & Monitoring
    Station, Cape Canaveral, FL; Buckley AFB, CO; Guam Tracking
    Stations, Anderson AFB, and Navy CTS, Guam; Hawaii Tracking Station,
    Kaena Pt, Oahu, HI; Kwajalein Atoll (GPS ground antenna); Camp Parks
    Communications Annex, Pleasanton, CA; Colorado Tracking Station,
    Schriever AFB, CO; Naval Satellite Control Network, Laguna Peak, CA;
    Naval Satellite Control Network, Prospect Harbor, ME; and Kirtland
    AFB, NM. NTIA subsequently deleted Kwajalein from its request
    because the Commission does not have licensing authority on this
    atoll. These clarifications were made by W. Russell Slye, Office of
    Spectrum Management, NTIA to Chief, Spectrum Coordination Branch,
    OET, FCC, dated September 24, 2002.

[^48]: SOS is a radiocommunication service concerned exclusively with
    the operation of spacecraft, in particular space tracking, space
    telemetry, and space telecommand ("TT&C"). These functions will
    normally be provided within the service in which the space station
    is operating. Space tracking is determination of the orbit,
    velocity, or instantaneous position of an object in space by means
    of radiodetermination, excluding primary radar, for the purpose of
    following the movement of the object. Space telemetry is the use of
    telemetry for the transmission from a space station of results of
    measurements made in a spacecraft, including those relating to the
    functioning of the spacecraft. Space telecommand is the use of
    radiocommunication for the transmission of signals to a space
    station to initiate, modify, or terminate functions of equipment on
    an associated space object, including the space station. *See* 47
    C.F.R. § 2.1.

[^49]: *See* 47 C.F.R. § 2.1 for definitions of EESS and SRS, the status
    of which are not at issue in this proceeding.

[^50]: In addition, international footnote 5.392 urges administrations
    to take all practicable measures to ensure that space‑to‑space
    transmissions between two or more SOS, EESS, and SRS
    non‑geostationary satellites in the band 2025‑2110 MHz not impose
    any constraints on uplink and other space‑to‑space transmissions of
    those services between geostationary and non‑geostationary
    satellites. *See* 47 C.F.R. § 2.106, footnote 5.392.

[^51]: *See* 47 C.F.R. § 2.106, international footnote 5.391. *See also*
    Recommendation ITU‑R SA.1154.

[^52]: The e.i.r.p. is the product of the power supplied to the antenna
    and the antenna gain in a given direction relative to an isotropic
    antenna (absolute or isotropic gain). *See* 47 C.F.R. § 2.1.

[^53]: *See* ITU *Radio Regulations*, Article 21 (Terrestrial and space
    services sharing frequency bands above 1 GHz), No. 21.2.

[^54]: On June 27, 2000, the Commission reduced the 2 GHz BAS Band by
    reallocating the 1990‑2025 MHz segment to the mobile‑satellite
    service, ultimately leaving the band 2025‑2110 MHz to serve the
    needs of the BAS community. The entire band 1990‑2110 MHz is still
    being used by BAS stations at this time. In that action, the
    Commission also made Federal Government satellite operations
    co‑primary in the band 2025‑2110 MHz, but with the caveat that these
    operations not constrain the deployment of BAS. *See Amendment of
    Section 2.106 of the Commission's Rules to Allocate Spectrum at
    2 GHz for Use by Mobile‑Satellite Services*, ET Docket No. 95‑18,
    *Second Report and Order and Second Memorandum Opinion and Order*,
    15 FCC Rcd 12315 (2000); *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 Bands*, IB Docket 01-185, *Report and Order*, 18
    FCC Rcd 1962, 1972, para. 17 (2003) (noting that some revisions to
    the current relocation procedures for BAS may be needed based on
    various Commission actions, including the reallocation of some MSS
    spectrum in the 2 GHz MSS band and the grant of flexibility to MSS
    licensees).

[^55]: BAS is regulated under Part 74 of our Rules, with specific rules
    for TV BAS in Subpart F. *See* 47 C.F.R. Part 74 (Experimental
    Radio, Auxiliary, Special Broadcast and Other Program Distribution
    Services), in particular, Subpart F (Television Broadcast Auxiliary
    Stations). The band 2025‑2110 MHz may be used by cable network
    entities only for CARS pickup stations. *See* 47 C.F.R. §§ 78.11(f),
    78.18(a)(6). LTTS is regulated under Part 101 of our Rules, with
    specific rules in Subpart L. *See* 47 C.F.R. Part 101 (Fixed
    Microwave Services), in particular, Subpart J (Local Television
    Transmission Service). CARS is regulated under Part 78 of our Rules.
    *See* 47 C.F.R. Part 78 (Cable Television Relay Service).

[^56]: While the Federal Government SRS and EESS allocations are direct
    Table entries, the non‑Federal Government SRS and EESS allocations
    are contained in footnote US347, which states: "In the band
    2025‑2110 MHz, non‑Government Earth‑to‑space and space‑to‑space
    transmissions may be authorized in the space research and Earth
    exploration‑satellite services subject to such conditions as may be
    applied on a case‑by‑case basis. Such transmissions shall not cause
    harmful interference to Government and non‑Government stations
    operating in accordance with the Table of Frequency Allocations."

[^57]: These pfd limits are found in footnote US90 and correspond to the
    "hard" limits found in ITU Radio Regulation No. 21.16. *See* 47
    C.F.R.§ 2.106, footnote US90; *see also* ITU *Radio Regulations*,
    No. 21.16.

[^58]: *See* note Error: Reference source not found, *supra.*
    Previously, footnote US111 stated that Federal Government SRS
    uplinks could operate at nine sites on a secondary basis to
    non‑Federal Government use of the band 1990‑2025 MHz. Footnote US219
    stated that Federal Government EESS could use the frequency
    2106.4 MHz on a non‑interference basis to non‑Federal Government use
    for TT&C uplinks at 2 sites. Footnote US222 was not changed, but it
    only allocated the 2025‑2035 MHz segment for Federal Government SRS
    and EESS use.

[^59]: Footnote US222 reads as follows: "In the band 2025‑2035 MHz
    geostationary operational environmental satellite earth stations in
    the space research and Earth exploration‑satellite services may be
    authorized on a coequal basis for Earth‑to‑space transmissions for
    tracking, telemetry, and telecommand at the sites listed below:

    Wallops Is., Va. 37° 50\' 48\" N., 75° 27\' 33\" W.

    Seattle, Wash. 47° 34\' 15\" N., 122° 33\' 10\" W.

    Honolulu, Hawaii 21° 21\' 12\" N., 157° 52\' 36\" W."

    Earth stations at these three sites operate with the same status
    that DOD requests for its 11 TT&C earth stations.

[^60]: There are 26 Federal Government earth stations currently
    operating under the footnote US346 requirement that their operation
    not constrain the deployment of BAS.

[^61]: As indicated above, the 2 GHz BAS Band, which currently covers
    120 megahertz of spectrum (1990‑2110 MHz), has been reduced to
    85 megahertz (2025‑2110 MHz) on a phased-in basis. *See* 47 C.F.R. §
    74.602.

[^62]: On October 30, 2002, the Commission adopted a *Report and Order*
    in ET Docket No. 01‑75 that amended Part 74 of our Rules to permit
    BAS licensees to introduce new technologies and create a more
    efficient BAS that can more readily adapt as the broadcast industry
    converts to the use of digital technology, such as digital
    television. We also made conforming amendments to Part 73 of our
    rules pertaining to the Radio Broadcast Services, to Part 78 of our
    rules pertaining to CARS and to Part 101 of our rules pertaining to
    Fixed Microwave Services, including LTTS. *See Revisions to
    Broadcast Auxiliary Service Rules in Part 74 and Conforming
    Technical Rules for Broadcast Auxiliary Service, Cable Television
    Relay Service and Fixed Services in Parts 74, 78 and 101 of the
    Commission's Rules*, ET Docket No. 01‑75, *Report and Order*, 17 FCC
    Rcd 22979 (2002).

[^63]: *See* 47 C.F.R. § 74.601 for definitions of these classes of TV
    broadcast auxiliary stations. The use of these stations is also
    described in para. 22, *infra.*

[^64]: *See* 47 C.F.R. § 2.106, footnote NG118.

[^65]: This study was conducted on June 11, 2003, using the Universal
    Licensing System ("ULS"), except that the CARS mobile units were
    reviewed using the Cable Operational and Licensing System ("COALS")
    on May 2, 2003. For mobile operations, the call sign does not list
    the number of stations authorized. Many mobile authorizations permit
    operation on all seven channels. Receive-only sites are listed in
    COALS, but they are not listed in the ULS.

[^66]: *See* Comments of the Joint Broadcasters, ET Docket No. 00‑258,
    at 3.

[^67]: *Id.* at 3.

[^68]: *Id.* at 8.

[^69]: *Id.* at 5‑8.

[^70]: *Id.* at 4‑5.

[^71]: *Id.* at 5.

[^72]: *Id.* at 8.

[^73]: *Id. at* 8‑9.

[^74]: *See* Motorola Comments, ET Docket No. 00‑258, at 8‑9.

[^75]: *See* CTIA Comments, ET Docket No. 00‑258, at 4‑5.

[^76]: We note that satellites already in orbit can not be changed to
    the new TT&C frequencies because these satellites are hardwired to
    receive TT&C frequencies in the 1761‑1842 MHz segment. As DOD gains
    experience with TT&C operations in the band 2025-2110 MHz, the use
    of the band 1761-1842 MHz for TT&C is expected to be reduced, but
    DOD requirements in the band 1761-1842 MHz may exist until the year
    2030. *See* Department of Defense's "Investigation of the
    Feasibility of Accommodating the International Mobile
    Telecommunications (IMT) 2000 Within the 1755‑1850 MHz Band," dated
    February 9, 2001, at page 2‑2.

[^77]: *See* SBE Comments, ET Docket No. 95‑18, February 3, 1999, at 2.

[^78]: *See* SBE Comments, ET Docket 98‑142, September 21, 1998, at 2.

[^79]: *See* *Broadcasting and Cable Yearbook 2002‑2003* at page B‑149
    for a description of Nielsen's 210 Designated Market Areas ("DMAs").

[^80]: The distances shown are the approximate distance between a
    proposed DOD earth station and the nearest city limits.

[^81]: In the State of Hawaii, there are 7 TV ICRs, 2 STL, 1 TV
    translator relay, and 2 TVPU stations in the 2 GHz BAS band
    (1990‑2110 MHz). Both of the TVPU stations are licensed to Emmiss
    Television Licensee Corp.: KA95388 is licensed for BAS Channels A1
    and A6 (1990‑2008 MHz and 2076‑2093 MHz) in a 40.2 km radius around
    Honolulu; and KB55070 is licensed for all 7 BAS channels
    (1990‑2110 MHz) in a 80.5 km radius around Honolulu.

[^82]: Guam Ed Telecommunications Corp. is the only licensee of the
    2 GHz BAS band (1990‑2110 MHz) on Guam and it has two TVPU stations,
    both of which are licensed to operate on BAS Channel A4
    (2042‑2059 MHz).

[^83]: Five of the 11 DOD TT&C earth stations (Anderson AFB, Guam;
    Buckley Field, CO; Kaena Pt, HI; New Boston, NH; and Vandenberg AFB,
    CA) that would be permitted to move up in frequency from 1761-1842
    MHz to 2025-2110 MHz are included in the *NTIA Manual* under its
    list of coordinated earth stations. For the Anderson AFB, Kaena Pt.,
    New Boston, and Vandenberg AFB earth stations, NTIA provides
    coordination contours in Annex B of its *Manual*. For Buckley Field,
    NTIA states that the nominal coordination distance is 363 statute
    miles, which is the maximum coordination distance for flat terrain
    on an overland path. It does not take into account the effects of
    possible terrain shielding. *See NTIA Manual*, Chapter 8, Section
    8.3.15 & Annex B. We note that these coordination distances only
    define areas where analysis needs to be done to determine whether
    harmful interference could occur. We anticipate that future BAS
    facilities could be located much closer in proximity to a
    coordinated TT&C earth station than the distances shown above, if
    the future BAS facility is properly engineered.

[^84]: We observe that broadcasters are in the midst of converting their
    BAS facilities from analog to digital operations. For the purposes
    of coordination with the 11 DOD TT&C earth stations, we take this
    opportunity to expressly state that the conversion of BAS facilities
    from analog to digital operations will not cause those facilities to
    be considered new, but instead will retain their incumbent status.

[^85]: In addition, we note that the coordination contour of an earth
    station at Shirley Bay, Ontario, which also transmits in the band
    2025-2110 MHz, extends over much of New York, Vermont, and New
    Hampshire, and also covers portions of Pennsylvania and Maine. *See
    NTIA Manual*, Appendix B.

[^86]: *See* 47 C.F.R. § 74.604 (Interference avoidance).

[^87]: Implicit in the concept of successful coordination is that the
    affected parties would know each others' operational parameters.

[^88]: BAS includes short term operations conducted pursuant to Section
    74.24. Short term operations are TVPU or temporary fixed operations
    performed outside the parameters of a station's authorization,
    allowed for up to 720 hours per year, and can be conducted by all
    licensees of broadcast stations under Part 73 and broadcast
    auxiliary stations provided under subparts D, E, F, and H of Part
    74, except wireless video assist devices, under the authority
    conveyed by a Part 73 license or a broadcast auxiliary license. 47
    C.F.R. § 74.24 (Short term operation). Short term operations may be
    used by network entities to implement nationwide operation, and are
    sometimes referred to as "itinerant" or "network itinerant"
    operations.

[^89]: *See* *NTIA Manual*, Section 8.2.35 (Power and Direction of
    Maximum Radiation of Earth Stations in Certain Bands Shared with
    Stations in the Fixed and Mobile Services) at para. 4; *see also*
    ITU *Radio Regulations*, Article 21.

[^90]: Specifically, "earth station antennas shall not be employed for
    transmission at elevation angles of less than 3° measured from the
    horizontal plane to the direction of maxim um radiation, except when
    agreed to by agencies or administrations concerned and those whose
    services may be affected." *See NTIA Manual*, Section 8.2.35 at
    para. 7; *see also* ITU *Radio Regulations*, No. 21.14. Lower
    elevation angles for the earth station's antenna equate to larger
    geographic areas in which BAS operations may be impacted.

[^91]: Specifically, the e.i.r.p. transmitted in any direction towards
    the horizon by an earth station (mainbeam or sidelobes) must not
    exceed: + 40 dBW in any 4 kHz band for θ ≤ 0°; and + 40 + 3 θ dBW in
    any 4 kHz band for 0° \< θ ≤ 5°, where θ is the angle of elevation
    of the horizon viewed from the center of radiation of the antenna of
    the earth station and measured in degrees as positive above the
    horizontal plane and negative below it. For angles of elevation
    greater than 5°, there is no restriction as to the e.i.r.p.
    transmitted by an earth station towards the horizon. *See NTIA
    Manual*, Section 8.2.35 at paras. 1, 2, and 4; *see also* ITU *Radio
    Regulations*, Nos. 21.8, 21.9, and 21.11.

[^92]: Our primary concern is the location of future BAS receivers near
    the coordinated earth stations. In contrast, we do not have the same
    level of concern for BAS transmitters in the 2025-2110 MHz band.
    Because the footprint of the satellite is so large, it will 'see'
    signals from such transmitters whether they are near a coordinated
    earth station or a large distance from it.

[^93]: *See NTIA Manual* at Section 5.6.3 (Unwanted Emission Standards
    for Earth and Space Stations Operating \[at\] 960 MHz and above:).

[^94]: *See* "Department of Defense Investigation of the Feasibility of
    Accommodating the International Mobile Telecommunications (IMT) 2000
    Within the 1755-1850 MHz Band," February 9, 2001, at 5.7 (SATOPS
    Assumptions).

[^95]: We note that the out-of-band emissions of a digital TT&C
    transmitter as described above would exceed, by 35 dB, the
    out-of-band emissions of a digital BAS transmitter meeting the
    emission mask in Section 74.637(a)(2).

[^96]: We recognize that the occurrence of this type of interference is
    somewhat dependent on the characteristics of the affected receivers,
    and that such receivers do not presently exist. Thus, in addressing
    this interference issue, commenters may choose to rely on the
    characteristics of receivers operating in other wireless services in
    this spectrum range (*e.g.*, Broadband PCS receivers) or other types
    of receivers that may be appropriate.

[^97]: *See Interference Immunity Performance Specifications for Radio
    Receivers*, ET Docket No. 03-65, *Notice of Inquiry*, 18 FCC Rcd
    6039 (2003)

[^98]: In its *2002 Viability Assessment,* NTIA describes the 16 DOD
    protected sites, including the separation distances needed for the
    protection of aeronautical mobile systems operating at these sites.
    *See 2002 Viability Assessment* at 8, figure 2.

[^99]: *See 2002 Viability Assessment* at page 9.

[^100]: Historically, 180 megahertz of spectrum at 1435-1535 MHz and
    2310-2390 MHz was available for aeronautical telemetry operations on
    a primary basis. However, 65 megahertz of this spectrum has been
    reallocated to other radiocommunication services. In 60 megahertz of
    this spectrum, aeronautical telemetry use has been permitted (or was
    planned to be permitted) to continue on a secondary basis.
    Specifically, the band 1525-1535 MHz is available for aeronautical
    telemetry operations on a secondary basis to the mobile-satellite
    service (space-to-Earth). Because Satellite DARS licensees have
    begun operations in the band 2320-2345 MHz, flight test stations
    operating in this band are permitted only on a secondary basis. In
    their comments to the *Above 28 MHz NPRM*, AFTRCC and Boeing state
    that neither the band 1525-1535 MHz nor the band 2320-2345 MHz
    remains usable for aeronautical telemetry purposes. *See* para. 8,
    *supra*. The bands 2310-2320 MHz and 2345-2360 MHz are available for
    aeronautical telemetry operations on a secondary basis to WCS;
    however, as WCS operations are brought into use, we anticipate that
    aeronautical telemetry use will become more limited in these bands.

[^101]: *See* AFTRCC Reply Comments in RM-9395, received January 25,
    1999, at 3-4. While this statement was made with regard to the band
    1435-1535 MHz, we believe that it is also applicable to the band
    2310-2390 MHz.

[^102]: *See* ITU *Radio Regulations*, Article 5, page 108. *See also*
    47 C.F.R. § 2.106 (2001 Edition), page 447.

[^103]: *See* 47 C.F.R. § 2.104(b). The United States is located within
    ITU Region 2, which covers North and South America.

[^104]: *See 27 Megahertz Allocation R&O* at paras. 67‑71.

[^105]: Footnote US363 reads as follows: Until January 1, 2005, the band
    2385‑2390 MHz is allocated to the Government mobile and
    radiolocation services on a primary basis and to the Government
    fixed service on a secondary basis. Use of the mobile service is
    limited to aeronautical telemetry and associated telecommand
    operations for flight testing of manned or unmanned aircraft,
    missiles or major components thereof. Use of the radiolocation
    service is limited to the military services. After January 1, 2005,
    Government stations in the mobile and radiolocation services shall
    continue to operate on a primary basis until re‑accommodated in
    accordance with the National Defense Authorization Act of 1999,
    except at the sites identified below where Government stations may
    not be re‑accommodated until January 1, 2007:

    Protection Radius for Each of the Following Sites is 160
    km:LocationNorth Latitude/West LongitudeLocationNorth Latitude/West
    Long.Barking Sands, HI22° 07\' / 159° 40\'Roswell, NM33° 18\' / 104°
    32\'Cape Canaveral, FL28° 33\' / 080° 34\'Seattle, WA47° 32\' / 122°
    18\'China Lake, CA35° 40\' / 117° 41\'St. Louis, MO38° 45\' / 090°
    22\'Eglin AFB, FL30° 30\' / 086° 30\'Utah Test Range, UT40° 12\' /
    112° 54\'Glasgow, MT48° 25\' / 106° 32\'White Sands Missile Range,
    NM32° 58\' / 106° 23\'Nellis AFB, NV37° 48\' / 116° 28\'Wichita,
    KS37° 40\' / 097° 26\'Palm Beach County, FL26° 54\' / 080° 19\'Yuma
    Proving Ground, AZ32° 54\' / 114° 20\'Roosevelt Roads, PR18° 14\' /
    065° 38\'Protection Radius for Each of the Following Sites is 100
    km:Edwards AFB, CA34° 54\' / 117° 53\'Patuxent River, MD38° 17\' /
    076° 25\'

    In addition, non‑Government flight test operations may continue at
    the sites identified below on a primary basis until January 1, 2007:

    Protection Radius for Each of the Following Sites is 160
    km:LocationNorth Latitude/ West LongitudeLocationNorth Latitude/
    West LongitudeAlammosa, CO37° 26\' 04\" / 105° 52\' 03\"Thermal,
    CA33° 37\' 35\" / 116° 09\' 36\"Albuquerque, NM35° 11\' 03\" / 106°
    34\' 30\"Phoenix, AZ33° 18\' 28\" / 111° 39\' 19\"Amarillo, TX35°
    12\' 49\" / 101° 42\' 31\"Marietta, GA33° 54\' 24\" / 084° 31\'
    09\"Arlington, TX32° 40\' 00\" / 097° 05\' 53\"Greenville, TX33°
    04\' 01\" / 096° 03\' 09\"Leadville, CO39° 13\' 13\" / 106° 19\'
    03\"

[^106]: *See 27 Megahertz Service Rules R&O*.

[^107]: *See Allocation of Spectrum Below 5 GHz Transferred from Federal
    Government Use*, ET Docket No. 94‑32, *First Report and Order and
    Second Notice of Proposed Rule Making*, 10 FCC Rcd 4769; s*ee also*
    47 C.F.R. § 2.106 (1994 Edition) at page 388 and footnote G2.

[^108]: *See* 47 C.F.R. § 2.106, footnote G122.

[^109]: *See* 47 C.F.R. § 15.303(a)

[^110]: *See* 47 C.F.R. §§ 15.301; 15.303(g); 15.319(a); and 15.321(a),
    (b), and (g).

[^111]: *See* AFTRCC Comments and Supplement to Petition for Partial
    Reconsideration, ET Docket No. 00‑258 and WT Docket No. 02‑8; *see
    also* para. 4, *supra*.

[^112]: *See* Motorola Comments, ET Docket No. 00‑258, at 7‑8.

[^113]: *Id.* at 8.

[^114]: *See* CTIA Comments, ET Docket No. 00‑258, at 4‑5.

[^115]: *See* Joint Comments of Sirius Satellite Radio Inc. and XM Radio
    Inc., ET Docket No. 00‑258, at 6‑7. The Satellite DARS licensees
    operate in the band 2320‑2345 MHz.

[^116]: The emission limits for mobile stations operating in the WCS
    bands (2305‑2320 MHz and 2345‑2360 MHz) are very stringent.
    Specifically, the rules provide that the power of any emission
    outside the WCS licensee\'s frequency band(s) of operation must be
    attenuated below the transmitter power (P) within the WCS licensed
    band(s) of operation, measured in watts, by a factor not less than
    110 + 10 log (p) dB on all Satellite DARS frequencies
    (2320‑2345 MHz). *See* 47 C.F.R. § 27.53(a)(2).

[^117]: *See* Joint Comments of Sirius Satellite Radio Inc. and XM Radio
    Inc., ET Docket No. 00‑258, at 5, 8.

[^118]: *See* *2002 Viability Assessment* at 2‑3.

[^119]: This proposal responds in part to AFTRCC's request that
    policy-makers "aggressively" seek to identify additional
    aeronautical telemetry spectrum. *See* AFTRCC Reply Comments in IC
    Docket No. 94-31, received on April 14, 1995, at 3. AFTRCC reported
    that in 1997, the United States exported \$32.24 billion more in
    aerospace products than it imported. AFTRCC stated that this
    represented 7.3% of the total U.S. merchandise exports. In addition,
    AFTRCC stated that the aerospace industry employed 858,000 persons
    in 1997, which was nearly 8% of the durable goods manufacturing
    workforce. AFTRCC attributes this information to Aerospace Facts and
    Figure 1998/99 (Aerospace Industries Association). *See* AFTRCC
    Reply Comments in RM-9395, received on January 25, 1999, at footnote
    2.

[^120]: Indeed, if we do not provide for common Federal/non-Federal
    Government aeronautical telemetry spectrum, it would be necessary
    for aircraft manufacturers to use non-Federal Government
    aeronautical telemetry spectrum during the development of military
    aircraft and Federal Government aeronautical telemetry spectrum
    after a contract with the Government is signed. Such a scheme would
    not be an efficient use of spectrum.

[^121]: The band 2385-2390 MHz is already allocated to the mobile
    service on a primary basis for non-Federal Government use.

[^122]: *See* Appendix A, § 2.106, footnote G2.

[^123]: *See* Appendix A, § 2.106, footnote G122.

[^124]: *See* 47 C.F.R. § 2.106, footnote G120.

[^125]: *See Above 28 MHz NPRM* at para. 47. This radiolocation service
    allocation is in footnote US328.

[^126]: In the upcoming Above 28 MHz Report and Order, we will consider
    whether to delete the band 2320-2345 MHz and the frequency 2332.5
    MHz from footnote US276.

[^127]: ATV generally refers only to Fast Scan TV, not to Slow Scan TV.
    *See* http://users.rcn.com/sstv/faq.html.

[^128]: The bands designated by ARRL for ATV use include 420‑426 MHz,
    426‑432 MHz, 438‑444 MHz, 909‑915 MHz, 921‑927 MHz, 1240‑1246 MHz,
    1252‑1258 MHz, 1276‑1282 MHz, and 2418‑2430 MHz. *See*
    <http://www.arrl.org/FandES/field/regulations/>bandplan.html#33cm.

[^129]: *See* Appendix A, § 97.303 (Frequency sharing requirements).

[^130]: *See* 47 C.F.R. § 87.139.

[^131]: Flight test stations are limited to 25 watts into the base of
    the antenna. *See* 47 C.F.R. § 87.131. In contrast, the WCS rules
    state that fixed and bases stations are limited to 2000 watts
    e.i.r.p. peak power and that mobile stations are limited to 4 watts
    e.i.r.p. peak power. *See* 47 C.F.R. § 27.13(f).

[^132]: The Federal Government transmitter standard for terrestrial
    telemetering (fixed, land, and mobile) stations authorized for
    operation in the band 2310‑2390 MHz is as follows. "a. For
    Authorized Bandwidth equal to or less than 1 MHz, the emissions must
    be attenuated below the mean power of the transmitter (pY) as
    follows: (1) On a frequency removed from the assigned frequency by
    more than 100 percent of the authorized bandwidth up to and
    including 100 percent plus 0.5 MHz, the attenuation must be at least
    60 dB, when measured in a 3.0 kHz bandwidth. This signal need not be
    attenuated more than 25 dB below 1 milliwatt. (2) On any frequency
    removed from the assigned frequency by more than 100 percent of the
    authorized bandwidth plus 0.5 MHz, the attenuation must be at least
    55 + 10 log(pY) dB, when measured in a 3.0 kHz bandwidth. b. For
    Authorized Bandwidth greater than 1 MHz, the emissions must be
    attenuated below the mean power of the transmitter (pY) as follows:
    (1) On a frequency removed from the assigned frequency by more than
    50 percent of the authorized bandwidth plus 0.5 MHz up to and
    including 50 percent of the authorized bandwidth plus 1.0 MHz, the
    attenuation must be at least 60 dB, when measured in a 3.0 kHz
    bandwidth. This signal need not be attenuated more than 25 dB below
    1 milliwatt.

    \(2\) On any frequency removed from the assigned frequency by more
    than 50 percent of the authorized bandwidth plus 1.0 MHz, the
    attenuation must be at least 55 + 10 log(pY) dB, when measured in a
    3.0 kHz bandwidth. *See NTIA Manual*, Section 5.2.2.1 (Location of
    Specific Standards) and Section 5.3.7 (Telemetry, Terrestrial
    (1435‑1535, 2200‑2290 and 2310‑2390 MHz Bands)).

[^133]: An aeronautical station is a land station in the aeronautical
    mobile service. In certain instances, an aeronautical station may be
    located, for example, on board ship or on a platform at sea. *See*
    47 C.F.R. § 2.1.

[^134]: An aircraft station is a mobile station in the aeronautical
    mobile service, other than a survival craft station, located on
    board an aircraft. *Id.*

[^135]: *See* 47 C.F.R. § 87.303(d)(1); *see also* Appendix A for the
    proposed revision to this section.

[^136]: *See* 47 C.F.R. § 2.106, column 6 for the band 2385‑2390 MHz.

[^137]: If adopted, this proposal would moot that portion of WINForum's
    Petition for Rulemaking that deals with the band 2390‑2400 MHz.
    *See* para. 5, *supra.*

[^138]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 - 612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1966 (SBREFA), Pub. L. No. 104‑121, 110 Stat. 847 (1996).

[^139]: 5 U.S.C. § 603(a).

[^140]: *Id*.

[^141]: 5 U.S.C. § 604(a)(3).

[^142]: 5 U.S.C. § 601(6).

[^143]: 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."

[^144]: 15 U.S.C. § 632.

[^145]: 5 U.S.C. § 601(4).

[^146]: 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).

[^147]: 5 U.S.C. § 601(5).

[^148]: U.S. Census Bureau, Statistical Abstract of the United States:
    2000, Section 9, pages 299-300, Tables 490 and 492.

[^149]: 13 C.F.R. § 121.201, NAICS code 515120.

[^150]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Receipts Size of Firms Subject to Federal Income Tax:
    1997," Table 4, NAICS code 515120 (issued Oct. 2000).

[^151]: *Id.* The census data do not provide a more precise estimate.

[^152]: *Id*. at NAICS code 515120.

[^153]: *Id.* at NAICS code 515120.

[^154]: *Id.* The census data do not provide a more precise estimate.

[^155]: 13 C.F.R. § 121.201, NAICS code 517212.

[^156]: 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).

[^157]: *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."

[^158]: 5 U.S.C. § 603(c).