**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | WT Docket No. 00-19          |
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| Amendment of Part 101 of the     | ) | RM-9418                      |
| Commission's Rules to Streamline | * |                              |
| Processing of Microwave          | * |                              |
| Applications in the Wireless     |   |                              |
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| Association Petition for         | * |                              |
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**REPORT AND ORDER**

**Adopted: July 18, 2002 Released: July 31, 2002**

By the Commission:

TABLE OF CONTENTS

Paragraph \#

I. INTRODUCTION AND EXECUTIVE
SUMMARY....................................................1

II\.
BACKGROUND..............................................................................................4

III\.
DISCUSSION..................................................................................................8

A. Streamlining Part
101...............................................................................8

1\. POFS licensees' carriage of common carrier
traffic..................................8

2\. Use of 10.7 - 11.7 GHz frequencies for final
link..............................\...\.....15

> 3 Technical
> Changes.....................................................................\...18
>
> a\. Station
> authorization.........................................................\...18

b\. Temporary and conditional
authorization...........................\.........20

c\. Transmitter frequency tolerance and power
limitations............\........26

d\. Directional antennas below 932.5
MHz.................................\...\...30

e\. Antenna
polarization.........................................................\...31

f\.
Frequencies.......................................................................35

g\. Frequency
tolerance.........................................................\....36

h\. Stations at temporary fixed
locations.........................................37

i\. LMDS technical
rules...........................................................38

j\. Deletion of DEMS 18-19 GHz
Frequencies.................................51

B. TIA Petition for
Rulemaking......................................................................52

1\. Conditional
authorization................................................................53

2\. Technical
standards.......................................................................56

a\. Channel
plan.....................................................................57

b\. Frequency
tolerance............................................................61

c\. Spectrum
efficiency.............................................................66

d\. Low power
systems.............................................................70

3\. Antenna standards for the 23 GHz and 10 GHz
bands...........................\....74

C. Balanced Budget Act of
1997..................................................................\...78

D. Forbearance and Regulatory
Flexibility.........................................................81

1\.
Forbearance................................................................................81

2\. Regulatory
flexibility..................................................................\...85

IV\. PROCEDURAL
MATTERS............................................................
..................88

A. Regulatory Flexibility Act
Analysis.........................................................\...\...88

B. Paperwork Reduction Act of 1995
Analysis.................................................\....89

C. Further
Information..............................................................................\...91

V. ORDERING
CLAUSES.....................................................................................93

[Page \#]{.underline}

Appendix A - Comments and Reply Comments Filed in WT Docket No. 00-19,
RM-9418,

and
RM-9830......................................................................................................\....44

Appendix B - Final
Rules............................................................................................46

Appendix C - Final Regulatory Flexibility
Analysis.............................................................73

Appendix D - Licensed Stations Operating Above 40 dBW in the 10.6 -
10.68 GHz Band...............75

# INTRODUCTION AND EXECUTIVE SUMMARY

1.  In the *Report and Order* in WT Docket No. 94-148 and CC Docket No.
    93-2, the Commission consolidated the rules for the common carrier
    and private operational fixed (POFS) microwave services contained in
    Parts 21 and 94, respectively, of the Commission's Rules to create a
    new Part 101.[^1] The new consolidated Part 101 reduces or
    eliminates the differences in processing applications between common
    carriers and POF microwave service licensees, and furthers
    regulatory parity between these microwave services.[^2] On February
    14, 2000, the Commission released the *Memorandum Opinion and Order
    and Notice of Proposed Rule Making* in this proceeding.[^3] In the
    *NPRM*, the Commission proposed eliminating duplicative, outmoded,
    or otherwise unnecessary regulations[^4] in order to further the
    work begun by the consolidation of Parts 21 and 94 into a single
    Part 101 in the *Part 101 R&O* and the implementation of the
    Universal Licensing System (ULS) for wireless applications.[^5]
    Applicants, licensees and related industries were invited to examine
    these rules and procedures and offer their views and explanations of
    ways to streamline them and to make sure that the regulations
    conform with the Communications Act of 1934, as amended (Act).[^6]

2.  In this *Report and Order*, we take further actions to streamline,
    clarify, and update our Part 101 Rules. These actions will provide
    increased flexibility to licensees, ensure greater and more
    efficient use of the bands regulated under Part 101, and ensure that
    our Rules are consistent with international agreements. The
    significant rule changes and clarifications that we adopt in this
    *Report and Order* to streamline Part 101 are:

-   We permit POFS licensees to lease reserve capacity to common
    carriers for their common carrier traffic. Further, we grandfather
    certain POFS licensees who formerly carried private traffic now
    classified as common carrier traffic.

-   We clarify that conditional authorization in the 23 GHz Band is
    permitted only on the frequency pairs identified in Section
    101.147(s), and only if the maximum Effective Isotropic Radiated
    Power (EIRP) utilized does not exceed 55 dBm.

-   We allow conditional operation in the 952.95-956.15 and
    956.55-959.75 MHz bands.

-   We clarify and correct the frequency tolerance table in Section
    101.107(a) in accordance with the proposal contained in the *Part
    101 MO&O and NPRM*, 15 FCC Rcd at 3153 ¶ 45.

-   We amend the EIRP table in Section 101.113(a) to divide the
    10.55-10.68 GHz band into two separate bands: 10.55-10.6 GHz with
    the maximum power of 55 dBW and 10.6-10.68 GHz with a maximum power
    of 40 dBW.

-   We permit any Local Multipoint Distribution Service (LMDS) antenna
    polarization away from service boundaries.

-   We amend Section 101.507 to provide the frequency tolerance of
    ±0.0001% for Digital Electronic Message Service (DEMS) Nodal
    Stations and ±0.0003% for DEMS User Stations in the 10,550-10,680
    MHz band.

-   We modify the Part 101 emission mask to make it less severe for LMDS
    by adopting for LMDS the same mask requirements that we did for the
    24 GHz service, as outlined in Section 101.111(a)(2)(iv).

-   We modify the reference bandwidth in Section 101.111(a)(2)(iii) from
    4 kHz to 1 MHz for consistency with Section 101.111(a)(2)(ii) and
    Appendix S3 of the International Radio Regulations.

3.  Additionally, in response to the Telecommunications Industry
    Association (TIA) Petition for Rulemaking[^7] relating to the 10 GHz
    and 23 GHz bands, we adopt the following rule changes:

-   We specify a channel plan for the 23 GHz band in our Rules.

-   We adopt frequency tolerance standards for both digital and analog
    radios operating in the 23 GHz band.

-   We extend a 1 bps/Hz spectrum efficiency rate requirement to the 23
    GHz band for digital transmitters.

-   We allow the use of smaller antennas in the 10 GHz and 23 GHz bands.

# BACKGROUND

4.  Communications services that use the microwave spectrum[^8] for
    fixed services include common carriers (formerly regulated by Part
    21); common carrier MAS (Part 22);[^9] international point-to-point
    operators (Part 23); space station and satellite earth station
    operators such as Digital Audio Radio Service (DARS) (Part 25); AM,
    FM, and TV broadcasters for studio-to-transmitter links (STL) or
    inter-city relays (ICR) (Part 74); CATV operators (Part 78);
    multipoint Distribution Service (MDS) operators (Part 21); and POFS
    users (formerly Part 94).[^10] Fixed microwave spectrum is primarily
    used to deliver video (such as Local Television Transmission Service
    (LTTS)), audio, data, and control functions for other specific
    communications services, such as LMDS and DEMS (DEMS), from one
    point and/or hub to other points and/or subscribers for
    distribution. A convergence of common carrier and POFS technical
    standards has occurred over the last decade as a result of several
    rulemaking proceedings.[^11] In addition, the reallocation of five
    bands above 3 GHz, on a co-primary basis, to common carrier and POFS
    microwave licensees relocating from the 1850-1990, 2110-2150, and
    2160-2200 MHz bands (2 GHz bands) has significantly impacted fixed
    microwave services.[^12] As a result of the reallocation of spectrum
    for emerging technologies and the associated increase in frequency
    band-sharing, common carrier and private microwave industry members
    united to develop joint interference standards and coordination
    procedures.[^13]

5.  Consequently, on February 8, 1996, the Commission adopted the *Part
    101 R&O* and thereby created one comprehensive rule part setting
    forth application processing rules, technical standards, and
    operational requirements for microwave spectrum, including DEMS (a
    two-way end-to-end fixed radio service utilizing digital termination
    systems for the exchange of digital information), the POF
    Point-to-Point Microwave Service (a private radio service rendered
    on microwave frequencies on fixed and temporary fixed stations
    between points within the United States or between points in the
    United States and points in Canada or Mexico), the Common Carrier
    Fixed Point-to-Point Microwave Service (a common carrier public
    radio service rendered on microwave frequencies on fixed and
    temporary fixed stations between such points), and LTTS (a public
    radio communication service for the transmission of television
    material and related communications).[^14] Soon thereafter, the
    Commission adopted Part 101 rules for LMDS (a fixed one-way or
    two-way point-to-point or point-to-multipoint radio service that may
    be interconnected with the public switched telephone network).[^15]
    In 1999, the Commission adopted rules to maximize the use of
    spectrum designated for MAS (point-to-multipoint,
    multipoint-to-point radio communications service).[^16] On February
    14, 2000, the Commission released the *Part 101 MO&O and NPRM* to
    clarify the rules adopted in the *Part 101 R&O* and to propose
    additional rule changes.[^17]

6.  The *Part 101 MO&O and NPRM* therefore modified certain Part 101
    provisions in response to a number of petitions for reconsideration
    and clarification of the *Part 101 R&O* and adopted other changes to
    improve the clarity and completeness of Part 101. The *Part 101 MO&O
    and NPRM* modified Parts 24, 25, 74, and 78 to reflect the
    consolidation of former Parts 21 and 94 into Part 101. In the *Part
    101 MO&O and NPRM*, the Commission declined to change its rule
    prohibiting POFS licensees from using the 11 GHz microwave band as
    the "final link" in the delivery of video programming.[^18] The
    Commission also opted in the *Part 101 MO&O* to retain the rule that
    prohibits POFS from carrying common carrier traffic.[^19] In
    addition, the Commission decided not to reinstate the requirement
    that POFS applications be placed on public notice thirty days prior
    to the date that the application is granted.[^20]

7.  As part of the *NPRM,* the Commission generally invited applicants,
    licensees, and related industries to examine the recently
    consolidated Part 101 and offer their comments about ways to
    streamline the rules and ensure that the rules conform with the
    Communications Act of 1934, as amended. Specifically, the *NPRM*
    sought comment on whether to grandfather POFS licensees that
    formerly carried private traffic now classified as common carrier
    traffic or eliminate the prohibition on POFS licensees offering
    common carrier services; to revise Parts 74, 78, 90, and 101 for
    shared use of certain frequency bands; to delete several unnecessary
    or redundant sections of the rules concerning forms, notifications,
    and technical standards; to clarify conditional operations in the
    four low power frequency pairs in the 23 GHz band in Section
    101.31(b)(vii); to update the transmitter frequency tolerance table
    in Section 101.107; and to allow conditional operation in the
    952.95-956.15 and 956.55-959.75 MHz bands.[^21] In the *NPRM*, the
    Commission also asked commenters to address a Petition for
    Rulemaking concerning the 10 GHz and 23 GHz bands that was filed on
    March 5, 1998 by the Telecommunications Industry Association
    (TIA).[^22] TIA filed the Petition because it believes that the
    industry operating in the 23 GHz band has sufficiently developed to
    permit the Commission to adopt more complete technical standards
    without stifling further growth.[^23] TIA also contends that the
    Commission should amend its Rules to authorize conditional licensing
    in the 23 GHz band[^24] and to permit the use of smaller antennas in
    the 10 GHz and 23 GHz bands.[^25] TIA argues that such revisions
    would make the bands more attractive to fixed microwave users and
    thereby alleviate overcrowding in other bands.[^26] Because of the
    nexus to issues already being considered by the Commission in this
    proceeding, the *NPRM* asked to parties to comment on the TIA
    Petition.

# DISCUSSION

## Streamlining Part 101

### POFS licensees' carriage of common carrier traffic

8.  [Background]{.underline}. In the *Part 101 R&O*, the Commission
    eliminated the restriction on the use of common carrier transmitters
    for non-common carrier purposes.[^27] Licensees operating common
    carrier stations now may provide private services at the same
    location without constructing duplicative facilities.[^28] However,
    the Commission retained its rule prohibiting stations licensed as
    private systems from offering common carrier communications services
    or leasing reserve capacity to common carriers for their common
    carrier traffic.[^29] The Commission pointed to the increased
    flexibility that it had given common carriers, and suggested that
    private licensees desiring to carry common carrier traffic as well
    as internal communications become common carrier licensees.[^30] The
    Commission also declined to eliminate this restriction in the
    *MO&O*, on the grounds that it lacked a sufficient record,[^31] but
    sought comment in the *NPRM* on whether to eliminate the rule.[^32]
    In this regard, the Commission noted that many private microwave
    systems are owned by petroleum companies, utility companies, or
    government entities that do not want to become, or, in some cases,
    may be prohibited by law from becoming, common carriers.[^33]

9.  In addition, the Commission noted that many land mobile radio
    licensees with wide area communication systems use operational fixed
    microwave systems to transmit communications between base stations
    in their systems.[^34] In some cases, the land mobile radio licensee
    is also the licensee of the microwave facilities.[^35] In other
    cases, land mobile radio licensees lease excess capacity from
    existing microwave systems.[^36] If, however, the communications
    (including any land mobile communications) being carried on the
    microwave system is common carrier traffic, our Rules require that
    the microwave system be licensed as a common carrier.[^37] When the
    Commission reclassified many land mobile radio licensees as
    Commercial Mobile Radio Services (CMRS), *i.e.,* common carriers,
    there was an unanticipated effect on some private microwave
    licensees.[^38] For example, the reclassification of some
    Specialized Mobile Radio (SMR) licensees made them no longer
    eligible to use a POFS facility under the plain language of our
    Rules.[^39] Many of these private microwave systems supporting SMR
    and other private operations are owned by petroleum companies,
    utility companies, or government entities that do not want to
    become, or, in some cases, may be prohibited by law from becoming,
    common carriers.[^40] Consequently, the Commission sought comment on
    whether, in the event the general prohibition against POFS carriage
    of common carrier traffic is retained, to provide an exception to
    the rule to permit grandfathering of POF microwave systems allowing
    common carrier traffic over their connecting facilities, or CMRS
    providers that were formerly classified as private land mobile radio
    service providers.[^41]

10. [Discussion]{.underline}. Most of the commenters addressing the
    issue support eliminating the rule prohibiting stations licensed as
    private systems from offering common carrier communications services
    or leasing reserve capacity to common carriers for their common
    carrier traffic.[^42] They argue that it is unreasonable, unduly
    burdensome, and unnecessary to require SMR and other former private
    operators to either construct and operate duplicate microwave
    facilities or seek service from a microwave or landline common
    carrier \-- often in areas where such service is not readily
    available.[^43]

11. On the other hand, SBC Communications Inc. (SBC) supports retaining
    the prohibition.[^44] It argues that the limitation reflects the
    appropriate regulatory scheme because providers of similar services
    should be subject to the same regulatory requirements, and
    permitting POFS licensees to offer common carrier services without
    being licensed as common carriers would give then an unfair
    advantage.[^45] SBC also asserts that allowing POFS licensees to
    offer common carrier services or lease reserve capacity to common
    carriers for their common carrier traffic would not necessarily
    promote more efficient use of spectrum, because this incorrectly
    assumes that there is no other use to which excess capacity can be
    put.[^46]

12. We agree with the majority of commenters that permitting POFS
    licensees to lease reserve capacity to common carriers for their
    common carrier traffic will promote flexibility and may permit the
    development of common standards for common carrier and POFS
    microwave equipment.[^47] We therefore will modify the restriction
    in Section 101.603(b)(1) of our Rules to permit POFS licensees to
    lease excess capacity to common carriers for their common carrier
    traffic.[^48] This increased regulatory flexibility is also
    consistent with our efforts to facilitate secondary markets for
    radio spectrum that will allow and encourage licensees to make all
    or portions of their assigned frequencies available for other
    entities and uses.[^49] Consistent with our policies, as may be
    amended in our Secondary Markets docket, Part 101 licensees leasing
    spectrum are expected to maintain *de facto* control in a manner
    consistent with Commission policy.[^50] In light of the important
    concerns raised by SBC, however, we will retain the prohibition
    against POFS licensees offering their own common carrier services,
    without first becoming licensed as common carriers.

13. With regard to POFS licensees that choose to become licensed as
    common carriers, the Commission stated in the 1996 *Part 101 R&O*
    that it would waive the filing fee associated with the wireless
    application to change the regulatory status, but did not include
    this clarification in the final rules. The Commission proposed in
    the *NPRM* in this proceeding to codify this clarification in the
    Commission's rules. We received no comments or oppositions to this
    proposal. Therefore, we modify Section 101.133 of the Commission's
    rules to codify this clarification.[^51] Private licensees who wish
    to become common carrier wireless licensees must ensure that they
    are in compliance with the provisions of the Act and Commission
    rules, which includes making all appropriate applications and
    filings with the Commission and receiving necessary Commission
    approval.[^52] For example, as the Commission stated in the *Part
    101 R&O*, applicants must file necessary tariffs and license
    applications.[^53]

14. Finally, notwithstanding our retention of the general prohibition
    against POFS licensees offering their own common carrier services,
    we find it appropriate to grandfather those POFS licensees currently
    providing common carrier service for their connecting facilities, or
    CMRS providers that were formerly classified as private land mobile
    radio service providers. We agree with the commenter that it is
    inequitable to require SMR and other former private operators --
    whose microwave operations were constructed and licensed in full
    accordance with the Commission's rules prior to rule changes
    affecting their own non-microwave operations -- either to construct
    and operate duplicate microwave facilities or seek service from a
    microwave or landline common carrier, often in areas where such
    service is not readily available.

### Use of 10.7 - 11.7 GHz frequencies for final link

15. [Background.]{.underline} Section 101.603(b)(3) of our Rules
    incorporates the prohibition, formerly found in Section 94.9(b)(3),
    against using POFS stations (except in the frequency bands
    6,425-6,525 MHz and 18,142-18,580 MHz, or above 21,200 MHz) for the
    final radio frequency link in the chain of transmission of program
    material to CATV, MDS, or MATV (Master Antenna Television)
    systems.[^54] The original purpose of the prohibition was to reserve
    space in the bands below 21.2 GHz to accommodate the anticipated
    migration to these bands of numerous operational-fixed microwave
    service licensees displaced from the 12.2-12.7 GHz band by the
    reallocation of this spectrum to the Direct Broadcast Satellite
    (DBS) service.[^55] In the *Part 101 NPRM*, the Commission sought
    comment on CAI's request that we eliminate this restriction.[^56]
    CAI posits that we have created an "unnecessary burden" on wireless
    cable operators by prohibiting them from "using the 11 GHz band to
    connect programming headends or satellite receive facilities with
    their main transmitters."[^57] Commenters were asked to address
    whether granting CAI's request would adversely affect the
    Commission's efforts to ensure that spectrum is made available for
    the essential services offered by 2 GHz licensees that must relocate
    to accommodate emerging technologies.

16. [Discussion]{.underline}. Commenters reject CAI's proposal because
    the 11 GHz band is one of the bands identified for 2 GHz
    relocations.[^58] According to API, over the next several years,
    numerous POFS licensees (perhaps thousands) will be required to
    vacate the 2 GHz band to make way for Mobile Satellite Service
    providers and other new licensees.[^59] API expects that the 11 GHz
    band will be one of the principal bands to which displaced 2 GHz
    POFS licensees will seek to relocate their important and often
    safety-related microwave systems.[^60] SBC states that once the
    final rules for the 2 GHz band have been decided, it will be
    important to have suitable frequencies available for all relocations
    from the 2 GHz band.[^61] API adds that the demand for relocation
    spectrum in the 11 GHz band likely will be heightened in light of
    the fact that the Commission has reduced the amount of spectrum in
    the 18 GHz band that is available for terrestrial Fixed
    Services.[^62] While API understands the Commission's desire to find
    spectrum for new and emerging technologies, it also implores the
    Commission not to lose sight of the importance of existing POFS
    systems \-- particularly those that support the nation's critical
    infrastructure \-- and, accordingly, to ensure that there will be
    adequate spectrum available for these systems.[^63]

17. We conclude that, at this time, we should maintain the prohibition
    on using the 10.7-11.7 GHz band for the final radio frequency link
    in the chain of transmission of program material to CATV, MDS, or
    MATV systems. We reach that conclusion because allowing unrestricted
    video use in that band could impede the relocation of microwave
    systems in the 2 GHz band. Depending on the quality and modulation
    techniques, video channels typically use anywhere from 6 MHz to 50
    MHz[^64] for each channel. Private cable operators use 6 MHz
    channels in the frequency band from 18,142 MHz to 18,580 MHz for
    video delivery, and this contiguous band includes seventy-three
    channels for a total of 438 MHz. MVDDS has been allocated 500 MHz
    for, *inter alia*, delivery of video and data.[^65] MMDS has access
    to thirteen channels of 6 MHz each,[^66] and it has been noted that
    MMDS systems have not had sufficient channel capacity to compete
    with most cable systems.[^67] In contrast, a 0.4 MHz bandwidth
    digital 1DS-1 channel can typically handle 1.54 megabits per second
    and carry twenty-four voice circuits, and a 10 MHz channel can
    handle 44.7 megabits per second and carry 672 voice circuits. These
    examples demonstrate that typical video use needs significantly more
    spectrum than typical voice or data use for each channel. When the
    Commission opens spectrum for video use, we anticipate that spectrum
    to require much more bandwidth than voice or data. Given the large
    number of microwave incumbents in the 2 GHz band that are still
    subject to relocation, we conclude that at this time, we should
    maintain the restriction as it now stands because of the possibility
    that video use could deplete whatever spectrum may be still
    available for relocation. Maintenance of the restriction will
    facilitate the relocation of those licensees currently utilizing the
    2 GHz band that must, in the future, relocate to accommodate
    emerging technologies. We reserve the right to revisit this issue in
    the future once the relocation of 2 GHz incumbents progresses.

### Technical Changes

#### Station authorization

18. Section 101.5(b) of our Rules requires a separate application for
    each DEMS Nodal Station, but not for a DEMS User Station.[^68]
    Similarly, we require a separate authorization for each MAS master
    station, but not for an MAS remote station.[^69] Because our Rules
    do not clearly state our application requirements for MAS, however,
    the Commission proposed to amend Section 101.5(b) to state that MAS
    remote stations also do not require a separate authorization.[^70]
    We concur with APS that clarification of this Rule reduces the
    regulatory burden on licensees,[^71] and will amend Section 101.5(b)
    of our Rules accordingly.

19. On our motion, we will take this opportunity to make a ministerial
    amendment to the MAS definition contained in Section 101.3 of our
    Rules to conform it with the current uses of the MAS service.[^72]
    In addition, we will make ministerial amendments to Sections
    101.1325 and 101.1333 of our Rules. First, we insert the word "and"
    between the words "Incumbent" and "site-based" in Section
    101.1325(a). The word "and" was inadvertently omitted in previous
    publications of this rule section. Next, we will make a ministerial
    amendment to Section 101.1333(c) to correct the rule citation from
    Section 101.1329(b) to Section 101.1331(c). We find that notice and
    public comment are unnecessary because these revisions are
    non-substantive in nature and in the public interest, as they will
    foster consistency among our Part 101 service rules.[^73]

#### Temporary and conditional authorization

20. [Background]{.underline}*.* In the *NPRM*, the Commission proposed
    various amendments and clarifications to Section 101.31 of our
    Rules, which governs temporary and conditional fixed microwave
    operations. It proposed to eliminate the requirement in Section
    101.31(a)(3)-(5)[^74] that licensees provide certain technical
    information regarding their temporary operations.[^75] It also
    proposed to insert language in paragraph (a)(2) of this section to
    specify that an application for authority to operate a fixed station
    at temporary locations must specify the precise geographic area
    within which the operation will be confined, because this language
    was formerly in Section 101.13 of the Rules and should have been
    moved to another section when Section 101.13 was removed.[^76]

21. Regarding conditional authorization, the Commission proposed to
    amend Section 101.31(b)(1)(vii) to clarify that only the four
    frequency pairs listed in Section 101.147(s) are allocated for
    conditional operation, rather than the entire 21.2--23.6 GHz
    band.[^77] Applications to use the remaining frequencies in the band
    would follow normal processing and await the Commission obtaining
    clearance from the National Telecommunications and Information
    Administration ("NTIA") before operations.[^78] Finally, the
    Commission proposed to make frequency bands 952.95-956.15 MHz and
    956.55-959.75 MHz, which are designated for point-to-point use in
    Tables 9 through 11 of Section 101.147(b)(6),[^79] available for
    conditional authorization under Section 101.31(b).[^80] It did not
    propose any other frequencies listed in these tables because the
    other Part 101 bands either are already available for conditional
    authority, have been auctioned or proposed for auction, are
    currently unavailable for licensing, or require Interdepartment
    Radio Advisory Committee (IRAC) coordination with NTIA.[^81]

22. [Discussion]{.underline}. Commenters were split on the proposal to
    eliminate the requirements for licensees to provide certain
    technical information to the Commission regarding their temporary
    operations. Some commenters support the Commission's proposal
    because they assert that the technical information submission
    requirements of Section 101.31(a)(3)-(5) no longer serve any
    regulatory purpose.[^82] However, APS argues that we should retain
    the requirements because 1) a temporarily or conditionally licensed
    transmitter is just as capable of causing interference as a
    permanently licensed transmitter, and 2) the prior coordination
    requirements protects licensees by giving them an opportunity to
    ascertain the potential for interference with their licensed systems
    by using the technical data contained in the prior coordination
    notice.[^83] We disagree. We note that this information does not
    appear in ULS, and we rarely if ever receive requests from licensees
    to review it. Licensees experiencing interference can and do seek
    information from their frequency coordinators, who should already
    have this information. Consequently, we believe these requirements
    no longer serve any regulatory purpose. We therefore eliminate
    Section 101.31(a)(3)-(5).

23. Commenters were also divided on elimination of the agreement to
    provide specific information on the location of temporary fixed
    stations. One commenter supports the proposal to amend Section
    101.31 to specify that an application for authority to operate a
    fixed station at temporary locations must specify the precise
    geographic area within which the operation will be confined,[^84]
    while APS argues that the proposed rule does not require enough
    information.[^85] APS contends that knowing the geographic area is
    not enough and that precise coordinates, which temporary licensees
    can determine with an inexpensive Global Positioning System
    receiver, are needed so that other licensees will have a reasonable
    chance of predicting and tracking down interference. Again, we are
    not persuaded by the concerns of APS. A temporary fixed
    authorization is intended to permit operation at multiple temporary
    locations in a service area without requiring new coordination every
    time the facility is moved.[^86] The requirement that the Commission
    proposed to add to Section 101.31 formerly was in our rules but
    erroneously was removed in the *ULS Proceeding*.[^87] The record
    does not indicate that the old rule was insufficient to permit
    licensees to predict and track interference. Therefore, we will
    adopt the proposal, with slight modifications to conform to the
    capabilities of ULS. Specifically, we will require temporary fixed
    applicants to specify its service area as a radius of operation
    about a specific coordinate (latitude/longitude), or as a county, or
    as a State.[^88]

24. Regarding the Commission's proposal to clarify that the only
    frequencies in the 21.2-23.6 GHz band on which conditional
    authorization is available are the four pairs listed in Section
    101.147(s), several commenters state that this interpretation is
    incorrect. They argue that it is inconsistent with the specific text
    of Section 101.31(b), and that limiting the use of conditional
    licensing to four frequency pairs intended for low-power channel use
    unnecessarily restricts access by fixed point-to-point terrestrial
    microwave radio services users.[^89] We disagree. Section 101.31(b)
    is most appropriately read to allow conditional operation only in
    accordance within the power limit pursuant to the cross-referenced
    section. Because the cross-referenced section \-- Section 101.147(s)
    \-- is limited to four frequency pairs, only those applications that
    specify one of the four frequency pairs listed in Section
    101.147(s)[^90] can operate within the power limitations "pursuant"
    to Section 101.147(s) and, thus, can qualify for conditional
    operation under Section 101.31(b). We also note that the Commission
    does not currently have an agreement with NTIA to permit conditional
    authorization on any other frequencies in this band. We conclude
    that commenters' confusion demonstrates the need to amend and
    clarify Section 101.31(b) as proposed. Amendment of Section
    101.31(b) would make plain the requirement, set forth in Sections
    101.31(b) and 101.147(s), that *only* the frequency pairs identified
    in Section 101.147(s) are authorized for conditional operation if
    the maximum effective isotropic radiated power (EIRP)[^91] utilized
    does not exceed 55 dBm.

25. Finally, commenters support the Commission's proposal to make the
    point-to-point channels in the 952.95-956.15 MHz and 956.55-959.75
    MHz available for conditional authorization under Section 101.31(b)
    because 1) utilities, pipeline companies and other critical
    infrastructure industries make significant use of these frequency
    bands for lower density communications; and 2) it would be extremely
    helpful if applicants for point-to-point channels in these bands
    were able to deploy and operate under conditional authority, just as
    they may in higher microwave bands.[^92] Accordingly, we will adopt
    the proposal.[^93]

#### Transmitter frequency tolerance and power limitations

26. [Background]{.underline}*.* The Commission proposed to clarify and
    correct the frequency tolerance table in Section 101.107(a) by 1)
    consolidating the separate columns for all fixed and base stations,
    mobile stations over three watts, and mobile stations three watts or
    less, because the frequency tolerances for these three categories
    are the same; 2) deleting footnote 2 because it applies to equipment
    which is over forty years old; 3) deleting footnote 5 because the
    same information is contained in footnote 7; and 4) correcting
    certain errors in the listing of bands and tolerances.[^94] The
    Commission also proposed to amend the EIRP table in Section
    101.113(a)[^95] to divide the 10.55-10.68 GHz band into two separate
    bands: 10.55-10.6 GHz with a maximum power of 55 dBW and 10.6-10.68
    GHz with a maximum power of 40 dBW, to be consistent with US
    footnote 265 of the Table of Frequency Allocations in Section
    2.106,[^96] which limits fixed microwave stations in the 10.6-10.68
    GHz band to an EIRP of 40 dBW.[^97] The Commission sought this
    change to be consistent with NTIA and the *Second Report and Order*
    in Gen. Docket No. 80-739.[^98] The Commission sought comment on the
    accuracy of these proposed changes, their compliance with the Act,
    and their effect on licensees.[^99]

27. [Discussion]{.underline}. We did not receive any comments regarding
    the revisions to Section 101.107(a). Thus, we adopt the proposal to
    revise the frequency tolerance table as detailed above.

28. Regarding Section 101.113(a), some commenters assert that this
    modification would make the band difficult to use for long paths
    relocated from the 2 GHz band.[^100] Specifically, they maintain
    that because most systems in this segment of the 10 GHz band are
    bi-directional, the proposed change effectively would reduce the
    EIRP limit for the entire 10.55-10.68 GHz band to 40 dBW, which
    would restrict the maximum antenna size. They argue that limiting
    the EIRP can be obtained by either changing the maximum EIRP for the
    10 GHz band in Section 101.113(a) from 55 dBW to 45 dBW, or
    maintaining the current 55 dBW EIRP limit and requiring systems to
    reduce their power to the 40 dBW level using Automatic Transmit
    Power Control (ATPC).[^101]

29. We disagree with these commenters. First, permitting a maximum EIRP
    above 40 dBw in the 10.6-10.68 GHz portion of the band would be
    inconsistent with US footnote 265 and our agreement with NTIA.
    Moreover, the comments did not provide sufficient justification for
    changing the power limit for the 10.55 to 10.6 GHz segment of the
    band. We see no reason to reduce the EIRP on the 10.55-10.60 GHz
    side of the band because US footnote 265 does not refer to this side
    of the band. In addition, licensees will have more flexibility if we
    leave the maximum power unchanged for the 10.55 to 10.6 GHz portion
    and allow system designs to use whatever power is necessary within
    that limit (with or without ATPC) instead of lowering the power
    solely to match the other portion that has the smaller power limit.
    We therefore revise the EIRP for the 10.6-10.68 GHz portion of the
    band at 40 dBW in Section 101.113 to be consistent with US footnote
    265 of the Table of Frequency Allocations in Section 2.106. This
    revision ensures that our Part 101 service rules conform with the
    *Second Report and Order* in General Docket No. 80-739, which
    amended the Table of Frequency Allocations to comply with our
    agreement with NTIA. We note that a review of our licensing database
    shows that eleven stations in this band[^102] have an authorized
    EIRP over 40 dBW, with no station exceeding 44.5 dBW. We will
    grandfather these eleven stations, provided that neither end point
    of the relevant link is relocated.[^103]

#### Directional antennas below 932.5 MHz

30. Section 101.115(b) sets forth the technical requirements for
    stations operating below 932.5 MHz that are required to use
    directional antennas.[^104] However, the only Part 101 frequencies
    below 932.5 MHz are MAS frequencies,[^105] and these stations are
    not required to use directional antennas.[^106] Because it appears
    that Section 101.115(b) no longer applies to identifiable
    frequencies, the Commission concluded that this provision no longer
    serves a regulatory purpose and proposed to delete it on that
    basis.[^107] We did not receive any response to this request for
    comment. As Section 101.115(b) no longer serves any regulatory
    purpose because it no longer applies to identifiable frequencies, we
    delete it from the Commission's Rules.

#### Antenna polarization 

31. [Background]{.underline}*.* The last sentence of Section 101.117
    states, "Unless otherwise allowed, only linear polarization
    (horizontal or vertical) shall be used."[^108] The Commission
    proposed to limit this restriction to only LMDS operators within
    twenty kilometers of their service area boundary.[^109] It also
    proposed to delete the words "horizontal or vertical" from the rule,
    because strict horizontal or vertical polarization is improbable for
    most of the billboard passive reflectors that we authorize.[^110]
    Due to reflections in the non-vertical/horizontal planes of
    incidence, the Commission proposed to clarify the rules to allow
    systems with rotated linear polarization.[^111]

32. [Discussion]{.underline}. Motorola argues that we should eliminate
    polarity restrictions for all LMDS stations, including stations
    within twenty kilometers of a service area boundary.[^112] It
    contends that the restriction does not provide any additional
    assurances of interference protection because current LMDS
    deployments of point-to-multipoint stations use both vertical and
    horizontal polarization simultaneously to enable frequency re-use
    within a service area. Therefore, distant receivers \-- such as
    across a service area boundary \-- will receive interference from
    both polarities. The polarity of the dominant interference source
    will depend on the specific location and antenna orientation of the
    station receiving interference.[^113] To operate in adjacent areas,
    Motorola states, operators will need to exchange information and
    work out equitable interference mitigation plans.[^114]
    Additionally, Motorola notes that licensees in no other
    geographically licensed service, such as Personal Communications
    Services, cellular, or Wireless Communications Services, have
    similar limitations on polarization.[^115] Motorola also states that
    the current restrictions that permit only vertical or horizontal
    polarization prohibit use of slant linear or circular
    polarity.[^116] According to Motorola, slant or linear and circular
    polarity have path loss advantages in situations involving heavy
    rainfall. Motorola suggests that restricting LMDS polarity inhibits
    technology advancements or future deployments.[^117]

33. Other commenters argue that the restriction should be retained, and
    oppose our proposal to delete the words "horizontal or vertical"
    because 1) cross-polarization of signals is a key method used by
    frequency coordinators to allow a greater density of microwave
    frequency assignments in a given area, and allowing the use of
    circular or elliptical polarization in the site-licensed bands that
    are shared among many users would destroy the cross-polarization
    advantage and must not be allowed;[^118] and 2) authorization of
    other polarization types in these bands, such as circular or
    elliptical, unnecessarily would increase the potential for
    interference.[^119] These commenters, however, support an exception
    to accommodate billboard passive reflectors, as a strict vertical or
    horizontal polarization requirement cannot be imposed upon systems
    that employ billboard passive reflectors, because the reflection of
    the signal naturally results in a polarization rotation.[^120] They
    state that, while allowing transmitters to use rotated linear
    polarizations would only serve to increase the likelihood of
    interference, as the number of links utilizing passive reflectors is
    small relative to the total number of links, and the signal
    reflected off a passive reflector is generally rotated from
    horizontal or vertical, allowing passive reflectors to emit rotated
    linear polarizations is reasonable.[^121]

34. Upon consideration of the record, we will retain the rule as is,
    except to remove the restriction with respect to LMDS stations more
    than twenty kilometers from a service area boundary. We make the
    exception for LMDS, in light of the arguments which have already
    been explored in the LMDS proceeding.[^122] Elsewhere, we do not
    believe that it is in the public interest to remove the advantage
    that cross-polarization provides, and unnecessarily increase the
    risk of interference. Therefore, we believe that we should maintain
    our current requirement that microwave systems use vertical or
    horizontal polarization, but allow limited exceptions for billboard
    systems utilizing passive reflectors, the number of which should
    remain small relative to the total number of point-to-point links.
    The record also establishes that some commenters do not want to
    encourage billboard reflector systems. Therefore, we find that
    allowing passive reflectors to emit slightly rotated linear
    polarizations is reasonable on a case-by-case basis by waiver, but
    that we should not permit the transmitters themselves to be able to
    use anything other than strict horizontal or vertical linear
    polarization. We accordingly will retain the words "vertical and
    horizontal" in the existing rule in Section 101.117 and continue to
    authorize billboards reflector systems using slightly rotated linear
    polarization by waiver. Moreover, we do not agree with Motorola that
    restricting LMDS polarity to horizontal and vertical within twenty
    kilometers of the area boundaries inhibits technology advancements
    or future deployments. Licensees are free to explore other
    polarizations within the major portion of their areas.

#### Frequencies

35. The Commission proposed minor clarifications to and streamlining of
    Section 101.147, which sets out the frequencies available for fixed
    microwave services.[^123] It proposed to amend the introductory
    paragraph of Section 101.147(b) to clarify that it covers both MAS
    and point-to-point operations, and to clarify which subsections and
    tables pertain to each category. It also proposed to update the
    references throughout Section 101.147(b) from "Public Land Mobile
    Service" to "Public Mobile Services."[^124] These changes were
    incorporated by the Commission in the Multiple Access Systems
    proceeding.[^125] In addition, the Commission proposed to delete a
    grandfathering provision from Sections 101.147(k) and
    101.803(e)[^126] regarding the 6525-6575 MHz frequency band which
    expired in 1968. We did not receive any comments. Thus, as we did
    not receive any objections, we adopt the proposal and change the
    above-referenced rules.

#### Frequency tolerance

36. The Commission proposed to amend Section 101.507[^127] to provide
    the frequency tolerance of ±0.0001% for DEMS Nodal Stations and
    ±0.0003% for DEMS User Stations in the 10,550-10,680 MHz band.[^128]
    It appears that this was inadvertently omitted in prior rule
    changes. We did not receive any comments. As no one has registered
    any objection, we adopt the proposal and change Section 101.507 of
    the rules accordingly.

#### Stations at temporary fixed locations

37. Section 101.815(a)(1) permits temporary operation of LTTS stations
    for six months, but prohibits temporary operation of stations for
    services that are initially known to be of longer than six months'
    duration.[^129] The rule allows for short-term needs or for testing
    purposes, but prevents applicants from using the temporary
    provisions to avoid having to wait for regular processing of their
    application for permanent authority. The Commission proposed to
    eliminate the prohibition of temporary operation of stations for
    services known to be of longer than six months' duration, and thus
    allow applicants to use the temporary fixed locations without
    restrictions, provided they still file for permanent authority in
    accordance with Section 101.815(a)(2)[^130] for stations that remain
    longer than six months.[^131] Moreover, the Commission stated its
    belief that processing time is sufficiently expeditious that
    applicants will not seek any benefit from using a temporary location
    to avoid regular processing delays, and that broadening the scope of
    use of temporary fixed locations could reduce the number of requests
    for special temporary authority which might otherwise be
    filed.[^132] We did not receive any response to this request for
    comment. As no objections were registered, we adopt the proposal and
    change Section 101.815(a)(1).

#### LMDS technical rules

38. [Background.]{.underline} With the advent of commencement of LMDS
    operations, the Commission was concerned that some Part 101
    technical rules may not be fully consistent with the equipment being
    manufactured to provide the types of services permitted and
    envisioned by our LMDS rules, so it sought comment on whether the
    Part 101 emission mask requirement in certain circumstances may be
    too severe for LMDS. Section 101.111(a)(2)(ii)-(iii) sets forth the
    required attenuation:

> \(ii\) For operating frequencies above 15 GHz, in any 1 MHz band, the
> center frequency of which is removed from the assigned frequency by
> more than 50 percent up to and including 250 percent of the authorized
> bandwidth: As specified by the following equation but in no event less
> than 11 decibels:
>
> A = 11 + 0.4(P - 50) + 10 Log~10~ B. (Attenuation greater than 56
> decibels is not required.)
>
> \(iii\) In any 4 kHz band, the center frequency of which is removed
> from the assigned frequency by more than 250 percent of the authorized
> bandwidth: At least 43 + 10 Log~10~ (mean output power in watts)
> decibels, or 80 decibels, whichever is the lesser attenuation.[^133]

39. Given its understanding that LMDS transmitters may be manufactured
    for a spectrum block up to 850 MHz wide, or for discrete channels
    such as 10 MHz, and that LMDS transmitters are filtered as wide as
    the spectrum block, the Commission sought comment as to whether
    attempting to mask each discrete frequency in accordance with Part
    101 presents insurmountable logistical problems for LMDS
    licensees.[^134] It also noted that the Commission's technical
    standards allow the use of a bandwidth up to 850 MHz in the
    27.50-28.35 GHz band,[^135] but if a manufacturer designs a
    transmitter to operate with a bandwidth of 10 MHz, and the value for
    the maximum bandwidth (850 MHz) from the table in Section 101.109 of
    the Commission's Rules is used in the emission mask equation above,
    this interpretation may create an unreasonable or difficult to
    achieve emission mask.[^136] It sought comment on whether the table
    in Section 101.109 or the approach in Section 101.111 of the
    Commission's Rules should be changed to indicate that LMDS equipment
    manufacturers can specify and use the actual bandwidth of the
    designed transmitter.[^137] The Commission also sought comment on
    adopting a minimum limit for out-of-band emissions of -13 dBm
    because the method of calculating an emission mask in Section
    101.111 as a function of power works well for high-powered
    transmitters but can result in out-of-band emissions that may be
    unnecessarily low for low powered transmitters.[^138]

40. In addition, the Commission sought comment on whether other
    technical rules applicable to LMDS should be changed. Finally, it
    noted that Section 101.139 indicates that LMDS, 24 GHz, and 39 GHz
    transmitters must be of a type that has been certificated by the
    Commission,[^139] and proposed[^140] to subject them instead to the
    less burdensome verification procedure applicable to most other
    fixed point-to-point microwave transmitters.[^141]

41. [Discussion]{.underline}. Commenters agree that the Part 101
    emission mask requirement in certain circumstances is too severe to
    provide LMDS operators maximum flexibility, and they offer several
    solutions.[^142] Winstar would have the Commission 1) clarify that
    the Section 101.3 definition of "assigned frequency" includes the
    center frequency of an individual transmitter/modulator, for
    block-assigned bands, such as the LMDS band; and 2) clarify that the
    definition of "authorized bandwidth" includes the nominal radio
    frequency bandwidth of an individual transmitter/modulator in
    block-assigned bands.[^143] Winstar states that clarifications of
    these definitions would ensure that the current emission mask
    requirement will be reasonable for LMDS and other block-assigned
    services in the future. Alternatively, Winstar supports a
    modification to Section 101.109 and/or Section 101.111 to indicate
    the LMDS equipment manufacturers and operators can specify and use
    the actual bandwidth of the designed transmitter.[^144]

42. Alcatel proposes that Section 101.111(a)(2) should be interpreted to
    exclude frequencies inside the authorized bandwidth when measuring
    out-of-band emissions. According to Alcatel, this solution would 1)
    meet LMDS radio equipment manufacturer requirements, 2) not
    necessitate a rule change, and 3) provide adequate safeguards
    against harmful interference.[^145]

43. Regarding the attenuation requirement in Section 101.111, Motorola
    suggests that we modify the reference bandwidth in Section
    101.111(a)(2)(iii) from 4 kHz to 1 MHz to be consistent with Section
    101.111(a)(2)(ii) and Appendix S3 of the International Radio
    Regulations, which stipulates that fixed service systems deployed
    after 2003 will use a resolution bandwidth of 1 MHz for measurement
    of spurious emissions.[^146] Motorola states that by applying a
    consistent standard, the Commission will enable the manufacture of
    equipment that can be easily deployed domestically and
    internationally, with a minimum of modification.[^147]

44. Motorola also urges the Commission to reaffirm its practice of
    utilizing the maximum bandwidth for LMDS as listed in Section
    101.109(c) of the Commission's Rules. It argues that if the
    Commission adopts the suggestions by other commenters to use a
    bandwidth narrower than the maximum bandwidth limitations found in
    Section 101.109(c), the Commission should provide clear and
    descriptive definitions for terms such as single-carrier,
    multi-carrier, assigned bandwidth of the station, block band edge,
    affect on aggregation and disaggregation of channels/blocks,
    occupied bandwidth, and emission designator bandwidth for the
    requirement to be clearly understood and implemented.[^148] Motorola
    asserts that, at a minimum, it is critical for the Commission to
    clarify the specific requirements for out-of-band emissions, as it
    is apparent from the commenters there is a disparity in how these
    rules are being interpreted.[^149]

45. However, Motorola agrees with these commenters that out-of-band
    emission limitations apply outside and not inside the assigned band
    of the station no matter how the out-of-band bandwidth is
    calculated. Such a result is exactly what occurs when using the
    maximum authorized bandwidth for the out-of-band bandwidth and is
    consistent with the Commission's past interpretations and
    implementation of the emission mask rules for LMDS. Therefore,
    Motorola encourages the Commission to clarify that out-of-band
    emission limits continue to apply only outside the assigned band of
    operation.[^150]

46. Motorola agrees with the observation in the *NPRM* that application
    of the current emission mask overly restricts low-powered stations
    and with the proposal to provide for a lower limit of -13 dBm (-43
    dBw or 50 microwatts) below which attenuation is not required.[^151]
    It states that this would be in accordance with the international
    limits established for other similar services.[^152] Adopting -13
    dBm as a goal for attenuation enables lower output power
    transmitters to comply with the current emission mask without
    extensive filtering. Any attenuation below -13 dBm fails to provide
    further interference protection to adjacent systems because this
    value is recognized as the permissible spurious emission level.
    Requiring additional filtering for low power systems does not make
    possible additional use of the spectrum, nor does it supply
    additional interference protection to neighboring operations.
    Therefore, we amend Section 101.111(a)(2)(ii) such that the
    parenthetic sentence reads as follows:

> (Attenuation greater than 56 decibels or to an absolute power of less
> than -13 dBm is not required.)

47. Based upon our evaluation of the record, we believe that we should
    modify the Part 101 emission mask requirements to make it less
    severe for LMDS. Specifically, we will adopt the same mask
    requirements for LMDS that we did for the 24 GHz service, as
    outlined in Section 101.111(a)(2)(iv).[^153] These requirements are
    based on a maximum bandwidth of 40 MHz. At the same power output,
    use of a larger bandwidth results in less power being radiated on
    any particular reference frequency, because the same amount of
    energy is spread over a wider bandwidth. Using the value of 850 for
    B (based on the maximum bandwidth of 850 MHz) in the emission
    limitations formula for all cases can result in a power reduction
    requirement that may be impossible or extremely difficult to meet,
    and can in some instance be below the permissible spurious emission
    level. Therefore, assuming a maximum bandwidth of 40 MHz, rather
    than 850 MHz, results in a more reasonable emission mask
    requirement. This means that the reduction outside of the band edges
    should closely follow that which is specified for 24 GHz
    transmitters and be sufficient to protect adjacent band operations.

48. We also agree with Motorola's suggestion to modify the reference
    bandwidth in Section 101.111(a)(2)(iii) from 4 kHz to 1 MHz to be
    consistent with Section 101.111(a)(2)(ii) and Appendix S3 of the
    International Radio Regulations.[^154] We note that the change in
    reference bandwidth results in a more restrictive emission mask
    requirement. Therefore, we will implement this new requirement by
    prohibiting the manufacture or import of equipment not meeting the
    new standard twenty-four months after these rules become effective.

49. In addition, we clarify some of the terms used to ensure that the
    current emission mask requirement are reasonable for LMDS and other
    block-assigned services in the future through the following actions:

> 1\) We define "assigned frequency" when determining the emission mask
> in Section 101.111 to include the center frequency of an individual
> transmitter/modulator, for block-assigned bands, such as the LMDS
> band;
>
> 2\) We define "authorized bandwidth" when determining the emission
> mask in Section 101.111 to include the nominal radio frequency
> bandwidth of an individual transmitter/modulator in block-assigned
> bands;
>
> 3\) We clarify that out-of-band emission limits apply only outside the
> assigned band of operation and not within the band;
>
> 4\) We change the maximum reduction to specify a value of 56 dB or to
> an absolute power of not less than -13 dBm or --43 dBw; and
>
> 5\) We change the value of B (bandwidth) used in the formulas to allow
> for actual bandwidth of the transmitter designed instead of the
> maximum specified in Section 101.109.

50. Finally, all the commenters addressing the issue supported the
    Commission's proposal to replace the certification requirement for
    LMDS, 24 GHz, and 39 GHz (multipoint) equipment with a verification
    procedure.[^155] They argue that LMDS, 24 GHz, and 39 GHz
    transmitters meet the three factors the Commission identified in the
    ET Docket No. 97-34 proceeding, in which it initially specified the
    verification self-approval procedure for most Part 101 microwave
    devices, as important in determining to move the Part 101 devices to
    a self-approval procedure: 1) the device is used in a licensed radio
    service where the license can be easily located to resolve
    interference problems, 2) the manufacturers are capable of
    performing the necessary measurements to ensure compliance, and 3)
    an excellent record exists of compliance for the devices.[^156] They
    also state that faster deployment of new technology will result from
    verification procedures, as compared to certification procedures,
    which will yield significant public interest benefits with little
    risk.[^157] We agree that permitting the application of the less
    burdensome verification process, rather than the current
    certification process, to LMDS, 24 GHz, and 39 GHz transmitters, is
    more efficient. Accordingly, we adopt the proposal and change
    Section 101.139 of the Rules.

#### Deletion of DEMS 18-19 GHz Frequencies

51. DEMS licensees were required to cease operating on frequencies in
    the bands 18.820-18.920 GHz and 19.160-19.260 GHz (Channels 25-34)
    as of January 2, 2001.[^158] As an administrative matter, we will
    revise our rules to reflect that such operations are no longer
    permitted by deleting the DEMS reference to these specific frequency
    bands from the relevant technical rules.[^159]

## TIA Petition for Rulemaking 

52. The *NPRM* also sought comment on a Petition for Rulemaking filed by
    TIA relating to the 10 GHz and 23 GHz bands.[^160] The TIA Petition
    proposes that we authorize conditional licensing in the 23 GHz
    band.[^161] In addition, the Petition recommends the adoption of
    more complete technical standards to govern optimal channelization
    of the band,[^162] frequency tolerance,[^163] spectrum
    efficiency,[^164] and the operation of low-power stations.[^165] The
    Petition also seeks to modify the Commission's antenna standards for
    the 10 GHz and 23 GHz bands to permit the use of smaller antennas
    than otherwise currently allowed in those bands.[^166] TIA argues
    that its proposed revisions would make the bands more attractive to
    fixed microwave users, which in turn will help alleviate
    overcrowding in other bands.[^167]

### Conditional authorization

53. [Background]{.underline}. Currently, we permit applicants for all
    licenses awarded by competitive bidding to begin construction of
    facilities prior to the grant of their applications.[^168]
    Furthermore, for all services subject to competitive bidding we
    permit pre-grant construction by applicants that are subject to
    petitions to deny.[^169] Such pre-grant construction is subject to
    any service-related restrictions, including, but not limited to,
    antenna restrictions, environmental requirements, and international
    coordination.[^170] Any applicant that engages in pre-grant
    construction activity does so entirely at its own risk, and the
    Commission does not take such activity into account in ruling on any
    petition to deny.[^171] TIA proposes that we permit conditional
    licensing in the 23 GHz band.[^172] Previously, however, the
    Commission concluded that conditional licensing should not be
    permitted in the 23 GHz band because use of these frequencies must
    be coordinated by the Commission with NTIA, and the two agencies did
    not have an agreement concerning conditional licensing on those
    frequencies for the whole band.[^173] In the *Part 101 MO&O and
    NPRM*, the Commission declined to propose any rule changes for
    conditional licensing in the 23 GHz band until such an agreement is
    reached.[^174] TIA recognizes that its plan can be adopted only if
    the Commission and NTIA reach an agreement consistent with the
    proposals.[^175] We note that NTIA has recommended a procedure to
    permit more rapid delivery of services and encourage greater use of
    the 23 GHz band.[^176] Specifically, NTIA proposes that the
    Government Master File (GMF) database of government licensees in the
    23 GHz band, which is confidential, could be released to a
    commercial frequency coordinator with a security clearance.[^177]

54. [Discussion]{.underline}. Most commenters addressing this issue
    support TIA's proposal and argue that allowing conditional licensing
    would permit rapid delivery of services and encourage greater use of
    the 23 GHz band.[^178] They do not, however, address the basic
    problem identified in the *Part 101 MO&O and NPRM*, which is that
    such licensing would require an agreement with NTIA that we have not
    yet reached. Accordingly, we shall maintain our current policy
    prohibiting conditional licensing in the 23 GHz band until we
    conclude an appropriate agreement with NTIA.

55. With respect to NTIA's suggestion that the relevant portions of the
    GMF be made available to a frequency coordinator with a security
    clearance, the Commission is further exploring this process with
    NTIA. We delegate to the Wireless Telecommunications Bureau and the
    Office of Engineering and Technology authority to negotiate and
    implement such an arrangement. While this arrangement still would
    not permit conditional operation on any additional frequencies, we
    believe it would greatly reduce the chance of conflicts between
    non-Government applications and Government assignments and increase
    the speed of licensing of systems in the 23 GHz band, thereby
    increasing the band's usefulness to the fixed microwave community.
    In addition, such an agreement could serve as the foundation for
    future proposals to expand conditional authorization in the 23 GHz
    band.

### Technical standards

56. When 23 GHz rules were adopted, the Commission did not incorporate
    complete technical standards in order to afford the industry an
    opportunity to develop. TIA proposes several changes to the 23 GHz
    technical rules that it contends will facilitate greater
    exploitation of the band.[^179] We believe that the industry is now
    mature enough to promulgate more complete standards, such as those
    TIA has proposed.

#### Channel plan 

57. [Background]{.underline}. Our rules do not specify a channel plan
    for the 23 GHz band.[^180] TIA argues that a channel plan will make
    the band more efficient, and thus more attractive for short-haul
    fixed microwave service users.[^181] TIA's proposed plan, as a
    general matter, is based upon the current industry standard 50 MHz
    channel plan, but, given the availability of more spectrally
    efficient digital fixed microwave service radios, it also includes
    narrow and wideband channels to provide flexibility and to increase
    the number of potential users.[^182] Specifically, the plan consists
    of twenty-four pairs of 50 MHz channels, each subdivided into
    wideband channels (*i.e*., one 40 MHz channel, one 30 MHz channel,
    two 20 MHz channels and five 10 MHz channels) and narrowband
    channels (*i.e.*, ten 5 MHz channels and twenty 2.5 MHz
    channels).[^183] The center 10 MHz channel in each 50 MHz block
    would have the same frequency as the associated 50 MHz channel,
    which would permit upgrades in channel capacity without a frequency
    change.[^184] TIA states that no overlap would be created between
    the existing 50 MHz channels and the new channels, allowing for an
    orderly transition to the new plan without causing interference to
    existing systems; and that the plan would enhance flexibility and
    spectrum efficiency by avoiding the need to use 50 MHz channels for
    all needs above 20 MHz.[^185] TIA also recommends reserving several
    portions of the 23 GHz band for narrowband channels, which could be
    used for wideband traffic only if all other wideband channels are
    blocked.[^186] Finally, TIA proposes making the entire band
    available to common carrier and POFS users, instead of the current
    system of reserving half of the band for each.[^187] The Commission
    sought comment on TIA's proposals, their compliance with the Act,
    and their effect on licensees.[^188]

58. The Commission also noted that we routinely license duplex
    point-to-point private systems which use one channel for video and
    one channel for control where the control frequency is separated
    from the video frequency by 50 MHz.[^189] These systems are
    typically used for surveillance or security systems. It sought
    comment on whether to continue to license these systems, and how
    TIA's proposed channel plan would affect these users.[^190]

59. [Discussion]{.underline}. Commenters generally support TIA's
    proposal.[^191] We concur. TIA's proposal will make the 23 GHz band
    more attractive for the short-haul, high capacity fixed
    point-to-point terrestrial microwave radio services systems that
    comprise the backbone of a national wireless infrastructure.
    Commenters state that this feature is critical for continued growth
    of wireless Internet access and expansion of private microwave
    networks for voice and data transmission.[^192] In addition, TIA's
    proposal will also allow more efficient use of the band as operators
    will be able to license narrower channels for lower capacity links,
    and will also encourage the development of more spectrally efficient
    radios to use the narrower channel widths.[^193]

60. We also conclude that we should continue to license duplex
    point-to-point private systems which use one channel for video and
    one channel for control where the control frequency is separated
    from the video frequency by 50 MHz. Continuance of this regulatory
    regime does not conflict with TIA's proposal, as TIA's proposal will
    not create any overlap between the existing 50 MHz channels and the
    new channels, allowing for an orderly transition to the new plan
    without causing interference to existing systems.

#### Frequency tolerance

61. [Background]{.underline}. Our current rules specify the frequency
    tolerance for the 23 GHz band at 0.03%.[^194] TIA contends that,
    when this standard was adopted, most 23 GHz band radios used analog
    modulation techniques and were coordinated for the full 50 MHz
    channel bandwidth, but today most licensed radios are digital and
    occupy 75% or more of the channel bandwidth.[^195] TIA states that,
    for these digital radios, the 0.03% frequency tolerance
    specification would allow excessive frequency drift into adjacent
    channels if the band is divided into 50, 40, 30, 20, 10, 5, and 2.5
    MHz channels, and that this would cause spectrum inefficiency.[^196]
    TIA recommends applying to the 23 GHz band the same 0.001% frequency
    tolerance standard that is used for the 18 GHz band (which is
    divided into narrowband channels comparable to those adopted above
    for the 23 GHz band).[^197] The Commission sought comment on TIA's
    proposal, its compliance with the Act, and its effect on
    licensees.[^198]

62. [Discussion]{.underline}. Commenters were divided regarding this
    proposal. Commenters supporting TIA's proposal to require a 0.001%
    frequency stability[^199] argue that the current requirement for
    0.03% stability, which is equivalent to a drift of [+]{.underline} 7
    MHz, wastes channel capacity.[^200] They note that most
    manufacturers are making only digital radios in this band, which
    occupy at least 75% of the channel bandwidth, and which only require
    0.001% frequency tolerance standard. [^201] They state that
    tightening the frequency tolerance standard to 0.001% is also
    important because it would reduce consumer costs and increase
    manufacturer flexibility. Economies of scale could be realized
    because the 0.001% frequency tolerance also is used for other
    narrowband radio applications, particularly in the 18 GHz
    band.[^202] Finally, they argue that the existing standard is
    incompatible with the channel plan adopted above, because it will
    allow excessive frequency drift into adjacent channels.[^203]

63. Other commenters are opposed to TIA's proposal.[^204] They state
    that the proposed standard is not realistic for analog video
    applications using 50 MHz channels,[^205] or radios used for
    security/monitoring with a return data signal.[^206] They note that
    data radios are more expensive solutions because they require
    tighter standards, timing, bit error rate, phase noise, etc., while
    the typical FM analog video radio is a low-cost design with much
    greater frequency tolerance, typically [+]{.underline} 0.03%.[^207]
    They also argue that any adjacent-channel problem should be
    addressed directly, by restricting out-of-band emissions, rather
    than by the indirect frequency tolerance approach that will raise
    costs significantly. [^208] Telenetics/SMI urge that the permitted
    frequency tolerance remain at 0.05% for 50 MHz channels in the
    21.8-22.2 GHz and 23.0-23.2 GHz bands and be tightened to not less
    than 0.003% for channels of 30 MHz or less that are created in the
    remainder of the 23 GHz band.[^209]

64. A review of the comments indicates a consensus concerning the
    standard for digital radios at a frequency tolerance of 0.001%. The
    main contention concerned existing analog standards and the present
    need for inexpensive analog radios compared to more expensive
    digital radios. The Commission's intent was that the 23 GHz band
    technology had sufficiently developed to take a step toward more
    rigorous standards without trying to eliminate any existing
    industries. We believe that TIA's petition has greatly achieved that
    goal, and that we can take another step towards more efficient
    standards in the future. Thus, we are adopting two frequency
    tolerance standards, one for analog radios and one for digital
    radios. For digital radios, we adopt a frequency tolerance standard
    of 0.001%. With respect to analog radios, commenters did not
    strongly object to the arguments presented by Telenetics/SMI, and we
    believe that adequate coordination efforts and the emission mask
    standards can allow users to satisfy their service requirements with
    the frequency tolerance standards we adopt herein. We therefore
    adopt the following frequency tolerance standard for analog radios
    in line with Telenetics/SMI's request: 1) if the channel bandwidth
    is greater than 30 MHz up to 50 MHz, the frequency tolerance
    standard will be 0.03%; 2) if the channel bandwidth is 30 MHz or
    less, then the frequency tolerance standard will be 0.003%. We will
    allow this analog standard provided harmful interference is not
    caused to stations operating within the new tolerance standards. If
    harmful interference is caused to stations operating with the more
    stringent standards, the onus shall be on the operators with the
    less stringent parameters to develop an engineering solution to the
    problem.

65. We will require new licensees to meet these standards within
    twenty-four months of the effective date of the rules adopted
    herein. Equipment authorized under existing licenses will be
    grandfathered. New equipment purchases (those purchased after the
    effective date of the appropriate rule) shall meet the new standard.
    We will revisit the analog standards when the industry has further
    matured. However, we do put the industry on notice that the
    Commission does intend to tighten the analog standard and encourages
    the industry to consider manufacturing equipment to higher standards
    than those adopted herein. Our goal is to revisit this area within
    five years of the effective date of this order to determine if the
    industry is sufficiently advanced to refine the standards further.

#### Spectrum efficiency

66. [Background.]{.underline} TIA argues that the current lack of a
    spectrum efficiency requirement for the 23 GHz band impedes
    efficient utilization.[^210] Our rules require a 1 bps/Hz (bit per
    second per Hertz) spectrum efficiency rate for digital modulations
    for all frequency bands below 19.7 GHz and for the 24.25-25.25 GHz
    band.[^211] TIA contends that this standard also is appropriate for
    the 23 GHz band (and for all bands below 25.25 GHz), because it
    would ensure that all proposed bandwidths could be fully utilized,
    and because the digital 18 GHz band radios that are likely to be
    retrofitted for 23 GHz band operation are already designed to this
    standard.[^212] The Commission sought comment on TIA's
    proposal.[^213]

67. [Discussion]{.underline}. Most commenters support TIA's proposal.
    They argue that with increasing congestion in all the microwave
    frequencies including the 23 GHz band, it is inequitable to allow
    continued inefficient bandwidth utilization by some users while
    other users are employing newer, bandwidth efficient radios.[^214]
    They also state that the proposed standard would ensure that all
    frequencies are fully utilized.[^215] Finally, they agree that the
    digital 18 GHz band radio models, that likely would be retrofitted
    for 23 GHz band operation, are already designed to this
    standard.[^216]

68. Telenetics/SMI opposes TIA's proposal because, although a
    requirement for spectrum efficiency of 1 bps per Hz may promote more
    efficient data applications, it does not take into account real-time
    video applications.[^217] It states that this kind of measurement
    cannot be applied to analog video links and that sales figures
    indicate that analog video systems outnumber data transmission
    systems in the 23 GHz band. It argues that adoption of the proposals
    will require manufacturers to discontinue their analog lines and to
    design and market only digital systems, which can cost customers
    three times as much. Telenetics/SMI argues that such a price level
    would drive many existing users out of the market, leaving them
    without adequate security and surveillance capability and unable to
    interconnect their buildings.

69. We agree with the majority of commenters that the public interest
    favors more efficient use of this spectrum. We therefore adopt TIA's
    proposal to extend to the 23 GHz band the Commission's present
    requirement that there be a 1 bps/Hz spectrum efficiency rate for
    all transmitters using digital modulation in the frequency bands
    below 25.25 GHz. With the advent of the new channeling plan, we will
    expect applicants for analog equipment to select smaller channels
    with only the bandwidth necessary to provide the analog service
    envisioned. We will grandfather existing licensed equipment for the
    23 GHz band without an efficiency rate, but require all new digital
    equipment to meet the new efficiency standard. Section 101.141 will
    now state that all 21.2-23.6 GHz band equipment, utilizing digital
    modulation, applied for or authorized more than twenty-four months
    after the rule's effective date shall be required to meet the new
    efficiency standards, but before that date equipment may be
    installed with no minimum bit rate.

#### Low power systems 

70. [Background.]{.underline} TIA claims that the 23 GHz frequencies set
    aside for low power, limited coverage systems, such as perimeter
    surveillance applications and remote monitoring, are severely
    congested.[^218] TIA proposes designating an additional 200 MHz in
    the band for low power operations, adjacent to the current low power
    band in the 21.8-22.0 GHz and 23.0-23.2 GHz band segments, in order
    to relieve congestion in the current low power band.[^219] In
    addition, TIA states that the Part 101 requirements for these low
    power, limited coverage systems are not congruent with their
    operations and should be revised as follows:[^220]

```{=html}
<!-- -->
```
a)  Maximum Power Definition \-- Change the maximum power from 55 dBm
    ERP[^221] to 55

> dBm EIRP, because the maximum power for fixed microwave service
> systems is expressed as EIRP, and ERP is appropriate for mobile, not
> fixed, services.[^222]
>
> b\) Frequency Tolerance \-- Apply the proposed 0.001% frequency
> tolerance standard to all systems, including low power, limited
> systems, rather than the current 0.05% standard for such
> systems.[^223]
>
> c\) Special Showings \-- Delete as no longer necessary the requirement
> that an applicant make a showing of need in order to be authorized to
> operate with a 50 MHz bandwidth or to have more than five hops in
> tandem.[^224]
>
> d\) Interference Criteria \-- Use a uniform frequency coordination
> procedure for all services in the 23 GHz band, and thus delete the
> specific additional interference criteria for low power, limited
> coverage systems, which, according to TIA, typical radios already
> meet, anyway.[^225]

71. [Discussion]{.underline}. Some commenters support the allocation of
    an additional 200 MHz for low power operations because those 23 GHz
    band frequencies that are set aside for low power, limited coverage
    systems are severely congested.[^226] Another commenter states that
    the entire band should be designated for Low Power Limited Coverage
    Systems with transmitter powers of less than 0.1 watts.[^227] We
    agree with Comsearch, however, that designating additional 23 GHz
    channels for low power limited coverage systems would serve little
    purpose.[^228] The Commission's Rules specify only maximum power
    levels, so low power systems already are permitted throughout the
    band. If congestion is encountered on the four specific low power
    channel frequency pairs, operators can use any other 23 GHz channel
    without the necessity of designating additional low power channels.
    Furthermore, according to Comsearch, designating additional low
    power channels would aggravate congestion in the rest of the 23 GHz
    band, which has increased significantly in some areas since TIA
    filed its petition.[^229]

72. Regarding the change of maximum output power definition from 55 dBm
    ERP to 55 dBm EIRP, we agree with the commenters that changing the
    definition will better fit microwave terminology and perhaps
    facilitate better use of the 23 GHz band by Fixed Service
    users,[^230] and we modify this rule. NTIA has agreed to this
    change. However, we do not adopt TIA's proposal to delete the other
    requirements in Section 101.147(s) that an applicant make a showing
    of need in order to be authorized to operate with a 50 MHz bandwidth
    or to have more than five hops in tandem. We reiterate that this is
    a shared Government/non-Government band. These requirements reduce
    the burden on NTIA of coordinating use of the band.

73. Commenters also support TIA's proposal to adopt a uniform frequency
    coordination procedure for the entire 23 GHz band, which they say
    would allow Fixed Service users greater opportunity to utilize the
    band.[^231] We reject this proposal. As noted above, conditional
    licensing in the 23 GHz band is available only on the four channels
    specified in Section 101.147(s),[^232] and these channels are
    utilized on a non-coordinated basis. A "uniform frequency
    coordination procedure" would amount to either conditional licensing
    throughout the band or the removal of the uncoordinated low power
    channels. We believe that this would remove some of the flexibility
    that licensees now have. As noted above in our discussion of
    temporary and conditional authorization, we do not have an agreement
    with NTIA to allow conditional authorization on any 23 GHz band
    frequencies other than the four identified in Section 101.147(s).

### Antenna standards for the 23 GHz and 10 GHz bands

74. [Background.]{.underline} TIA states that many fixed microwave users
    need or prefer to employ small antennas because most potential
    antenna sites, such as rooftops, monopoles, and electrical
    transmission towers, cannot support large microwave dishes, due to
    either space limitations or aesthetic objections of homeowner
    associations or zoning boards.[^233] Our rules, however, do not
    permit antennas smaller than 0.61 meters (2 feet) in diameter in the
    23 GHz band, or 1.22 meters (4 feet) in diameter in the 10 GHz
    band.[^234] Antenna standards exist for the purpose of warranting
    the use of the most discriminating equipment to facilitate the
    introduction of new transmission paths.[^235] TIA recommends
    permitting 0.46-meter (18-inch) or 0.30 meter (1-foot) high
    performance antennas in the 23 GHz band, and 0.61-meter (2-foot) or
    1.22-meter (4-foot) antennas in the 10 GHz band.[^236] To permit
    0.46-meter (18-inch) or 0.30-meter (1-foot) diameter antennas in the
    23 GHz band, which will accommodate what TIA expects will be an
    increased need for short (*i.e*., one-to-two miles) microcell
    interconnect and LMDS infrastructure link point-to-point microwave
    paths, TIA recommends that the Commission take the following
    actions:[^237]

a\) Change the minimum antenna gain from 38 dBi to 33.5 dBi.

b\) Change the maximum beamwidth from 2.2 to 3.3 degrees.

> c\) Retain the same front-to-back ratios as the current Category A and
> Category B radiation standards, tighten the Category B front-to-back
> ratio, and reduce the sidelobe suppression requirements.[^238]

To permit 0.61 meter (2-foot) antennas in the 10 GHz band, which would
accommodate paths longer than 2.3 miles, TIA proposes that the
Commission take the following actions:[^239]

a\) Change the minimum antenna gain from 38 dBi to 33.5 dBi.[^240]

> b\) Change the maximum beamwidth from 3.4 to 3.5 degrees so that there
> would be a uniform beamwidth for all 10 GHz band systems.
>
> c\) Change the radiation standards for Category A and Category B to
> the same standards that applied for the 10.55-10.68 GHz band before
> June 1, 1997,[^241] tighten the front-to-back ratio for Category B
> channels, and reduce the sidelobe suppression requirements.[^242]

The Commission sought comment on TIA's proposals and their effect on
licensees.[^243]

75. [Discussion]{.underline}. Commenters agree[^244] that TIA's proposed
    modifications to the antenna pattern requirements to allow the use
    of smaller antennas would make microwave technology available to
    some users who are now precluded by physical size restrictions at
    their location.[^245] Further, Commenters state that these antennas
    will be appropriate for short microcell interconnect and LMDS
    infrastructure point-to-point microwave paths.[^246]

76. As Alcatel points out, technical parameters must be changed to
    achieve more widespread access to the 23 GHz and 10 GHz bands. The
    modifications that are necessary include reduced mainbeam gain,
    increased beamwidth, and reduced sidelobe suppression
    requirements.[^247] Increasing the beamwidth and reducing the
    sidelobe suppression requirements are changes that would, assuming a
    constant EIRP, increase the interference potential of a
    station.[^248] Therefore, the benefit to users that results from
    using smaller antennas must be weighed against the possible harm to
    the interference environment.[^249] Counterbalancing the reduced
    sidelobe suppression requirements is the proposal to significantly
    tighten the Category B antenna front-to-back ratio
    requirements.[^250]

77. The coordination industry is faced with an increasingly congested
    interference environment.[^251] Thus, we are very concerned about
    the danger that the larger beamwidth and poorer sidelobe suppression
    of the smaller diameter antennas will result in increased
    interference. On balance, we accept the proposed modifications to
    the antenna pattern requirements. The benefits of smaller antennas
    in terms of aesthetics and structure loading are undeniable.[^252]
    We believe that the overall increase in interference potential that
    results from the proposed changes should be relatively minor and
    that improving the Category B antenna pattern requirements from
    100^0^ to 180^0^ as proposed is of great benefit in reducing the
    potential for harmful interference. We are persuaded, therefore,
    that adoption of TIA's proposals is in the public interest because
    they will promote increased usage of the 10 and 23 GHz bands in
    areas where these frequencies are underutilized.[^253]

    **C. Balanced Budget Act of 1997**

78. The Commission sought comment in the *NPRM* on a number of issues
    regarding the impact of the Balanced Budget Act of 1997 on our
    licensing approach under Part 101 of the Commission's Rules.[^254]
    The Balanced Budget Act[^255] amended Section 309(j) of the
    Communications Act to provide that, consistent with Section
    309(j)(6)(E),[^256] all mutually exclusive applications for initial
    licenses or construction permits shall be auctioned, except licenses
    and construction permits for public safety radio services, digital
    television service existing analog television licensees, and
    non-commercial educational radio and television stations.[^257] The
    majority of commenters addressing the Balanced Budget Act in this
    proceeding argue that the current Part 101 licensing
    procedures[^258] should be retained.[^259]

79. We will partially address these issues here with respect to Part 101
    spectrum. In particular, subsequent to the release of the *Notice of
    Proposed Rule Making*, the Commission made certain general
    determinations regarding our implementation of the Balanced Budget
    Act of 1997, to which we will adhere with respect to fixed
    spectrum.[^260] For instance, we will follow the principles set
    forth in that proceeding for determining whether particular spectrum
    qualifies for the statutory exemption of public safety radio
    services from our auction authority.[^261] However, we will not at
    this time make any changes to the Part 101 licensing regimes, or
    designate any Part 101 spectrum as public safety radio
    services.[^262] Rather, we will examine whether to do so in a future
    proceeding regarding flexible use policies and other matters
    concerning all fixed spectrum regulated by the Commission.

80. We will make one rule change with respect to geographic licensing.
    Prior to the revision of Part 101, the first line of Section
    101.55(a) read: "Licenses not authorized pursuant to competitive
    bidding procedures may not be assigned or transferred prior to
    completion of construction of the facility." The *Part 101 MO&O and
    NPRM* inadvertently without discussion or notice changed the first
    line of this section to read, "Except as provided for in
    paragraph (d) of this section, licenses may not be assigned or
    transferred prior to the completion of construction of the
    facility." The change resulted in requiring that all licensees have
    to construct a facility before transfer or assignment of a license.
    The removal of the exception for auctioned licensees was not
    intended. We correct the error by changing the first paragraph of
    Section 101.55(a) to read as follows: "Except as provided for in
    paragraph (d) of this section, licenses not authorized pursuant to
    competitive bidding procedures may not be assigned or transferred
    prior to the completion of construction of the facility."

## D. Forbearance and Regulatory Flexibility {#d.-forbearance-and-regulatory-flexibility .unnumbered}

### 1. Forbearance  {#forbearance .unnumbered}

81. [Background]{.underline}. Section 10 of the Act provides the
    Commission with the authority to forbear from applying sections of
    the Act and the Commission's Rules if the Commission determines that
    enforcement is not necessary to protect consumers and to ensure just
    and reasonable charges, practices, classifications, and regulations,
    and that forbearance is consistent with the public interest.[^263]
    In the *Part 101 MO&O and NPRM*, the Commission sought comment on
    the appropriateness of forbearing from enforcing any provisions of
    the Act or the Commission's Rules with respect to Part 101
    services.[^264]

82. [Discussion]{.underline}. Winstar, the only commenter to discuss
    this issue, urges us to invoke our forbearance authority to exempt
    geographic licensees from Part 101 information-posting and
    record-keeping requirements.[^265] Winstar specifically recommends
    that the Commission forbear from enforcing Section 101.215,[^266]
    which requires licensees to post licensee contact information at
    each station; and Section 101.217,[^267] which requires licensees to
    maintain records of transmitter measurements and of any service or
    maintenance duties that may affect proper station operation for at
    least one year.[^268] Winstar also suggests that the Commission
    forbear from enforcing the requirement of Section 101.149(b)[^269]
    that each station operating in the 39 GHz band post a copy of the
    service area authorization.[^270] Winstar argues that it is
    unnecessarily burdensome to require such information at each site
    because geographic licensees operate thousands of facilities across
    the country[^271] and "interference problems are virtually
    non-existent for geographic licensees when compared to the potential
    for interference that arises from point-to-point site specific
    licensees."[^272]

83. The Commission considered and rejected a virtually indistinguishable
    request by Winstar in 1998.[^273] In rejecting Winstar's request,
    the Commission stressed the importance of those provisions in
    protecting the public.

> This Commission consistently maintains rules requiring the transmitter
> sites be identified with either the station authorization or with
> information indicating where the station information can be found. . .
> . We believe that availability of this information is important to
> ensure accountability of the licensee to the public. For example, a
> transmitter causing interference due to poor maintenance or accident
> can be found with direction-finding equipment, but without information
> regarding the owner/operator available at the site, an aggrieved party
> will not know who to contact for relief for interference. This on-site
> information becomes even more important because elsewhere in this
> *Report and Order* we relieve licensees of the requirement to file the
> location of each of its transmitters with this Commission.[^274]

The Commission further emphasized that the record-keeping requirement of
Section 101.217 is just "as important for geographic licensees as it is
for site-based licensees."[^275] In fact, the Commission reasoned that
"\[i\]t becomes even more important that licensees keep complete records
of their transmitters because under the ULS, this Commission will no
longer collect that information unless it is necessary to review the
information in connection with a complaint or other question regarding
transmitter engineering."[^276]

84. Although Winstar recognizes that the Commission rejected a "similar
    proposal" by it in 1998,[^277] Winstar fails to address any of the
    concerns that animated the Commission's decision or to argue that
    circumstances have changed since that time. Rather, Winstar argues
    that the Commission's Rules are unnecessarily burdensome on
    geographic licensees because "building engineers"[^278] and the
    ULS[^279] could provide the public with the same information. We
    disagree. We reject Winstar's suggestion that an amorphous group of
    "building engineers" could replace the licensee as a source of
    information or provide consumers and the public with similar
    protections and assurances. We also reject Winstar's contention that
    the ULS discharges a licensee of its responsibility to provide the
    information required by Sections 101.149(b), 101.215, and 101.217.
    The Commission has consistently reaffirmed the importance of the
    information-posting and record-keeping requirements. When the
    Commission implemented ULS,[^280] it stressed the heightened
    importance of Part 101 information-posting and record-keeping
    requirements.[^281] Moreover, the Commission specifically found the
    provisions necessary to protect consumers and the public interest
    and to ensure licensee accountability.[^282] The record in this
    proceeding does not suggest otherwise. Therefore, we decline to
    exercise our forbearance authority under Section 10 of the Act to
    exempt geographic-licensees from the information-posting and
    record-keeping requirements of Sections 101.149(b), 101.215, and
    101.217.

### 2. Regulatory flexibility  {#regulatory-flexibility .unnumbered}

85. [Background]{.underline}. The Commission also sought comment on
    whether the type of regulatory flexibility the Commission has
    permitted in other services is appropriate for Part 101
    licensing.[^283] For example, 39 GHz band[^284] and some MAS[^285]
    licensees are permitted to conduct point-to-point,
    point-to-multipoint, or (upon the establishment of interference
    criteria) mobile operations. In both instances, the Commission
    concluded that lifting the existing operational restrictions would
    enable providers to broaden the array of services they offer in
    order to respond to changing marketplace demands.[^286] The
    Commission sought comment on whether some or all other Part 101
    licensees also should be permitted to provide such services.

86. [Discussion]{.underline}. Two commenters oppose extending the
    regulatory flexibility to offer mobile services on the grounds that,
    while such operational flexibility may be appropriate in
    geographically licensed spectrum, it is not a feasible option in
    bands designated for site-by-site licensing.[^287] They argue that
    permitting mobile operations would make it increasingly difficult to
    coordinate new systems and to identify and remedy threats or
    occurrences of interference to Fixed Service licensees.[^288] They
    state that the Commission should not endanger the viability of
    systems that are licensed on a site-by-site basis and used for
    important safety-related private systems such as those employed by
    critical infrastructure industries as a result of a misguided
    assumption that maximum operational flexibility is always in the
    public interest.[^289] Two other commenters theoretically support
    the Commission's efforts to broaden the array of services offered by
    Part 101 microwave licensees including allowing licensees to conduct
    mobile operations on channels, but also express concern that mobile
    operations could pose a significant risk for interference among
    microwave licensees.[^290]

87. We conclude that we should not permit point-to-multipoint or mobile
    operations on general Part 101 spectrum at this time. We believe
    that we would need to examine several factors with respect to each
    band before permitting this use, including 1) interference
    considerations, which vary from band to band; 2) the allocations in
    the Table of Frequency Allocations in Section 2.106; 3) the current
    state of technology; 4) sharing considerations with fixed and other
    users of the same spectrum; and 5) nondirectional nature of
    point-to-point and mobile operations. In some bands, such as 39 GHz,
    we have allowed mobile operations and have the necessary allocation
    in 2.106, but the Commission needs to take further action to develop
    inter-license and inter-service interference standards before we can
    implement the service.[^291] In other bands, such as 24 GHz,
    however, we do not allow mobile operations and do not have the
    allocation in Section 2.106. Thus, each band will require one or
    more actions by the Commission to implement such service and to
    determine the technical parameters. The record in this proceeding
    does not allow us to make the necessary determinations. Nor does it
    reflect great demand among licensees for such flexibility.
    Therefore, we will take no further steps to implement such
    operations at this time.

# PROCEDURAL MATTERS

## Regulatory Flexibility Act Analysis

88. A Final Regulatory Flexibility Analysis (FRFA) with respect to the
    *Report and Order*, pursuant to the Regulatory Flexibility Act
    (RFA),[^292] is contained in Appendix C. The Commission's Consumer
    Information Bureau, Reference Information Center, will send a copy
    of this *Report and Order*, including the FRFA, to the Chief Counsel
    of the Small Business Administration in accordance with the RFA.

## Paperwork Reduction Act of 1995 Analysis

89. This *Report and Order* contains a new information collection. As
    part of its continuing effort to reduce paperwork burdens, we invite
    the general public and the Office of Management and Budget (OMB) to
    take this opportunity to comment on the information collections
    contained in this *Report and Order* as required by the Paperwork
    Reduction Act of 1995, Pub. L. No. 104-13. Public and agency
    comments are due on or before **\[insert date 60 days after date of
    publication in the Federal Register\]**; OMB comments are due 60
    days after publication of the *Report and Order* in the Federal
    Register. Comments should address: (a) whether the modified
    collection of information is necessary for the proper performance of
    the functions of the Commission, including whether the information
    shall have practical utility; (b) the accuracy of the Commission's
    burden estimates; (c) ways to enhance the quality, utility and
    clarity of the information collected; and (d) ways to minimize the
    burden of the collection of information on the respondents,
    including the use of automated collection techniques or other forms
    of information technology.

90. In addition to filing comments on the information collections
    contained in this *Report and Order* with the Secretary, a copy of
    any comments on the information collections should be submitted to
    Judy Boley, Federal Communications Commission, Room 1-C804, 445
    12^th^ Street S.W., Washington, DC 20554, or via the Internet to
    jboley@fcc.gov and to Edward Springer, OMB Desk Officer, 10236 NEOB,
    725 17th Street, N.W., Washington, DC 20503 or via the Internet to
    edward.springer@omb.eop.gov.

## Further Information

91. Alternative formats (computer diskette, large print, audio cassette,
    and Braille) are available to persons with disabilities by
    contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365, or
    via email at [bmillin@fcc.gov]{.underline} This *Report and Order*
    can also be downloaded at
    http://www.fcc.gov/wtb/orders/fcc02\_\_.doc.

92. For further information concerning this *Report and Order*, contact
    Edward Hayes or Michael Pollak of the Wireless Telecommunications
    Bureau, Public Safety and Private Wireless Division at (202)
    418-0680 (voice), (202) 418-7233 (TTY).

# ORDERING CLAUSES

93. Accordingly, pursuant to Sections 1, 2, 4(i), 5(c), 7(a), 11(b),
    301, 302, 303, 307, 308, 309(j), 310, 312a, 316, 319, 323, 324, 332,
    333, 336, 337, and 351 of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 151, 152, 154(i), 155(c), 157(a), 161(b), 301,
    302, 303, 307, 308, 309(j), 310, 312a, 316, 319, 323, 324, 332, 333,
    336, 337, 351, and Sections 1.421 and 1.425 of the Commission's
    Rules, 47 C.F.R. §§ 1.421, 1.425, IT IS ORDERED that the *Report and
    Order* in this proceeding IS HEREBY ADOPTED.

94. IT IS FURTHER ORDERED that Part 101 of the Commission's Rules IS
    AMENDED as set forth in Appendix B, and that these rules shall be
    effective **\[insert date 60 days after publication in the Federal
    Register\]**, except that the information collection contained in
    these rules become effective **\[insert date 70 days after
    publication in the Federal Register\]**, following OMB approval,
    unless a notice is published in the Federal Register stating
    otherwise.

95. IT IS FURTHER ORDERED that the Commission's Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    *Report*, including the Final Regulatory Flexibility Analysis, to
    the Chief Counsel for Advocacy of the U.S. Small Business
    Administration.

> FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDICES**

**APPENDIX A: List of Commenters in WT Docket No. 00-19 AND RM-9418**

**[Comments]{.underline}**

1\. Alcatel USA, Inc. (Alcatel)

2\. American Petroleum Institute (API)

3\. Arizona Public Service Company (APS)

4\. Association of Public-Safety Communications Officials-International,
Inc. (APCO)

5\. California Public-Safety Radio Association (CPRA)

6\. City of Long Beach, California (Long Beach)

7\. Comsearch

8\. Consolidated Spectrum Services (Consolidated)

9\. County of Los Angeles (L.A. County)

10\. DIRECTV, Inc. (DIRECTV)

11\. Echostar Satellite Corporation (Echostar)

12\. Fixed Wireless Communications Coalition (Fixed Wireless)

13\. Giganet Wireless Systems, Inc. (Giganet)

14\. Motorola, Inc. (Motorola)

15\. National Spectrum Managers Association (NSMA)

16\. Nextel Communications, Inc. (Nextel)

17\. Radscan, Inc. (Radscan)

18\. Revelation, L.L.C.

19\. County of Riverside (Riverside)

20\. Satellite Broadcasting and Communications Association (SBCA)

21\. Satellite Industry Association (SIA)

22\. Society of Broadcast Engineers (SBE)

23\. Stratos Offshore Services Company (Stratos)

24\. Telenetics Corporation and Southwest Microwave, Inc.
(Telenetics/SMI)

25\. Triton Network Systems, Inc. (TNS)

26\. United Telecom Council (UTC)

27\. Winstar Communications, Inc. (Winstar)

**[Reply Comments]{.underline}**

1\. Alcatel

2\. API

3\. Badgert Meter, Inc. (Badger)

4\. Consolidated Edison of New York, Inc. (ConEd)

5\. Commonwealth Edison Company (Commonwealth Edison)

6\. DIRECTV

7\. Dobson Communications Corporation (Dobson)

8\. Motorola

9\. NSMA

10\. Public Safety Wireless Network Program (PSWN Program)

11\. SIA

12\. Stratos

13\. SBC Communications Inc. (SBC)

14\. South Carolina Electric & Gas Company (SCE&G)

15\. Telenetics/SMI

16\. Teligent, Inc. (Teligent)

17\. UTC

**APPENDIX B - Final Rules**

Part 101 of Chapter 1 of Title 47 of the Code of Federal Regulations is
amended as follows:

**PART 101 - FIXED MICROWAVE SERVICES**

**1.** The authority citation for Part 101 continues to read as follows:

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

**2.** Section 101.3 is amended by removing the definition for MHz
Service Bands and by revising the Multiple address system (MAS)
definition to read as follows:

**§ 101.3 Definitions**

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

> *Message center*. The point at which messages from members of the
> public are accepted by the carrier for transmission to the addressee.
>
> *Microwave frequencies*. As used in this part, this term refers to
> frequencies of 890 MHz and above.
>
> \* \* \* \* \*
>
> *Multiple address system* (*MAS*). A point-to-multipoint or
> point-to-point radio communications system used for either one-way or
> two-way transmissions that operates in the 928/952/956 MHz, the
> 928/959 MHz or the 932/941 MHz bands in accordance with 101.147.
>
> \* \* \* \* \*

**2.** Section 101.5 is amended by revising paragraph (b) to read as
follows:

**§ 101.5 Station authorization required.**

\* \* \* \* \*

\(b\) A separate application form must be filed electronically via ULS
for each Digital Electronic Message Service (DEMS) Nodal Station. No
license is required for a DEMS User Station or for a Multiple Address
System (MAS) remote or mobile station. Authority for a DEMS Nodal
Station licensee to serve a specific number of user stations to be
licensed in the name of the carrier must be requested on FCC Form 601
filed for the DEMS Nodal Station. Authority for any number of MAS
remotes and authority to serve MAS mobiles (to the extent this part
permits such operation) within a specified area will be included in the
authority for the MAS fixed master stations.

\* \* \* \* \*

**3.** Section 101.31 is amended by removing paragraphs (a)(3)-(5) and
(b)(4) and redesignating paragraph (a)(6) as (a)(3), and revising
paragraphs (a)(2), the redesignated (a)(3), (b)(1), (b)(1)(vii) and
(b)(3) to read as follows:

**§ 101.31 Temporary and conditional authorizations.**

(a)(1) \* \* \*

(a)(2) Applications for authorizations to operate stations at temporary
locations under the provisions of this section shall be made upon FCC
Form 601. Blanket applications may be submitted for the required number
of transmitters. An application for authority to operate a fixed station
at temporary locations must specify the precise geographic area within
which the operation will be confined. The area specified must be defined
as a radius of operation about a specific coordinate
(latitude/longitude), or as a county, or as a State. Exception to this
specific requirement may be made for exceptionally large areas, such as
the continental United States. Sufficient data must be submitted to show
the need for the proposed area of operation.

(a)(3) Operations in the 17.8-19.7 GHz band are prohibited in the areas
defined in §1.924 of this chapter. Operations proposed in the areas
defined in §1.924 of this chapter may not commence without prior
specific notification to, and authorization from, the Commission.

> \* \* \*

\(b\) *Conditional authorization.* (1) An applicant for a new
point-to-point microwave radio station(s) or a modification of an
existing station(s) in the 952.95-956.15, 956.55-959.75, 3,700-4,200;
5,925-6,425; 6,525-6,875; 10,550-10,680; 10,700-11,700; 11,700-12,200;
12,700-13,200; 13,200-13,250; 17,700-19,700; and 21,800-22,000 MHz, and
23,000- 23,200 MHz bands (see §101.147(s) for specific service usage)
may operate the proposed station(s) during the pendency of its
applications(s) upon the filing of a properly completed formal
application(s) that complies with subpart B of part 101 if the applicant
certifies that the following conditions are satisfied:

\* \* \* \* \*

(vii) With respect to the 21.8-22.0 GHz and 23.0- 23.2 GHz band, the
      filed application(s) does not propose to operate on a frequency
      pair centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz,
      21.925/23.125 GHz or 21.975/23.175 GHz and does not propose to
      operate with an E.I.R.P. greater than 55 dBm. The center
      frequencies are shifted from the center frequencies listed above
      for certain bandwidths as follows: add 0.005 GHz for 20 MHz
      bandwidth channels, add 0.010 GHz for 30 MHz bandwidth channels,
      and subtract 0.005 GHz for 40 MHz bandwidth channels. See specific
      channel listings in § 101.147(s).

\* \* \*

(3) Conditional authorization does not prejudice any action the
    Commission may take on the subject application(s). Conditional
    authority is accepted with the express understanding that such
    authority may be modified or cancelled by the Commission at any time
    without hearing if, in the Commission's discretion, the need for
    such action arises. An applicant operating pursuant to this
    conditional authority assumes all risks associated with such
    operation, the termination or modification of the conditional
    authority, or the subsequent dismissal or denial of its
    applications(s).

\* \* \* \* \*

**4.** Section 101.55 is amended by revising paragraph (a) and removing
paragraph (e) to read as follows:

**§ 101.55 Considerations involving transfer or assignment
applications.**

> \(a\) Except as provided for in paragraph (d) of this section,
> licenses not authorized pursuant to competitive bidding procedures may
> not be assigned or transferred prior to the completion of construction
> of the facility.

\* \* \* \* \*

**4.** Section 101.101 is amended by revising the specific entries in
the table to read as follows:

**§ 101.101 Frequency availability.**

+---------------+----------+----------+----------+----------+----------+
| FREQUENCY     | RADIO    |          |          |          |          |
| BAND (MHz)    | SERVICE  |          |          |          |          |
+---------------+----------+----------+----------+----------+----------+
|               | COMMON   | PRIVATE  | B        | OTHER    | NOTES    |
|               | CARRIER  | RADIO    | ROADCAST | (Parts   |          |
|               |          |          | A        | 15, 21,  |          |
|               | (Part    | (Part    | UXILIARY | 24, 25,  |          |
|               | 101)     | 101)     |          | 74, 78,  |          |
|               |          |          | (Part    | & 100)   |          |
|               |          |          | 74)      |          |          |
+---------------+----------+----------+----------+----------+----------+
| \* \* \*      | \* \* \* | \* \* \* | \* \* \* | \* \* \* | \* \* \* |
+---------------+----------+----------+----------+----------+----------+
| 2450 -- 2500  | CC       | OFS      | TV BAS   | ISM      | F/M/TF   |
+---------------+----------+----------+----------+----------+----------+
| \* \* \*      |          |          |          |          |          |
+---------------+----------+----------+----------+----------+----------+
| 18,820-18,920 | CC       | OFS      |          | SAT      | #        |
|               |          |          |          |          |   {#sect |
|               |          |          |          |          | ion .unn |
|               |          |          |          |          | umbered} |
+---------------+----------+----------+----------+----------+----------+
| \* \* \*      |          |          |          |          |          |
+---------------+----------+----------+----------+----------+----------+
| 19,160-19,210 | CC       | OFS      |          | SAT      | #        |
|               |          |          |          |          | {#sectio |
|               |          |          |          |          | n-1 .unn |
|               |          |          |          |          | umbered} |
+---------------+----------+----------+----------+----------+----------+
| \* \* \*      |          |          |          |          |          |
+---------------+----------+----------+----------+----------+----------+

\* \* \* \* \*

**5.** Section 101.107 is amended by revising the table in paragraph (a)
to read as follows:

**§ 101.107 Frequency tolerance.**

\(a\) \* \* \*

+-----------------------------------+----------------------------------+
| **Frequency**                     | **FREQUENCY TOLERANCE            |
|                                   | (PERCENT)**                      |
| **(MHz)**                         |                                  |
+===================================+==================================+
| 928 to 929 (5)                    | 0.0005                           |
+-----------------------------------+----------------------------------+
| 932 to 932.5                      | 0.00015                          |
+-----------------------------------+----------------------------------+
| 932.5 to 935                      | 0.00025                          |
+-----------------------------------+----------------------------------+
| 941 to 941.5                      | 0.00015                          |
+-----------------------------------+----------------------------------+
| 941.5 to 944                      | 0.00025                          |
+-----------------------------------+----------------------------------+
| 952 to 960 (5)                    | 0.0005                           |
+-----------------------------------+----------------------------------+
| 1,850 to 1,990                    | 0.002                            |
+-----------------------------------+----------------------------------+
| 2,110 to 2,200                    | 0.001                            |
+-----------------------------------+----------------------------------+
| 2,450 to 2,500 (1)                | 0.001                            |
+-----------------------------------+----------------------------------+
| 3,700 to 4,200 (1)                | 0.005                            |
+-----------------------------------+----------------------------------+
| 5,925 to 6,875 (1)                | 0.005                            |
+-----------------------------------+----------------------------------+
| 10,550 to 11,700 (1)(2)           | 0.005                            |
+-----------------------------------+----------------------------------+
| 11,700 to 12,200 (1)              | 0.005                            |
+-----------------------------------+----------------------------------+
| 12,200 to 13,250 (4)              | 0.005                            |
+-----------------------------------+----------------------------------+
| 14,200 to 14,400                  | 0.03                             |
+-----------------------------------+----------------------------------+
| 17,700 to 18,820 (3)              | 0.003                            |
+-----------------------------------+----------------------------------+
| 18,820 to 18,920 (3)              | 0.001                            |
+-----------------------------------+----------------------------------+
| 18,920 to 19,700 (3)              | 0.003                            |
+-----------------------------------+----------------------------------+
| 19,700 to 27,500 (4)(7)           | 0.001                            |
+-----------------------------------+----------------------------------+
| 27,500 to 28,350                  | 0.001                            |
+-----------------------------------+----------------------------------+
| 29,100 to 29,250                  | 0.001                            |
+-----------------------------------+----------------------------------+
| 31,000 to 31,300 (6)              | 0.001                            |
+-----------------------------------+----------------------------------+
| 31,300 to 40,000 (4)              | 0.03                             |
+-----------------------------------+----------------------------------+

\(1\) Applicable only to common carrier LTTS stations. Tolerance for
2450-2500 MHz is 0.005%. Beginning Aug. 9, 1975, this tolerance will
govern the marketing of LTTS equipment and the issuance of all such
authorizations for new radio equipment. Until that date new equipment
may be authorized with a frequency tolerance of .03% in the frequency
range 2,200 to 10,500 MHz and .05% in the range 10,500 MHz to 12,200
MHz, and equipment so authorized may continue to be used for its life
provided that it does not cause interference to the operation of any
other licensee.

\(2\) See subpart G of this part for the stability requirements for
transmitters used in the Digital Electronic Message Service.

\(3\) Existing type accepted equipment with a frequency tolerance of
±0.03% may be marketed until December 1, 1988. Equipment installed and
operated prior to December 1, 1988 may continue to operate after that
date with a minimum frequency tolerance of ±0.03%. However, the
replacement of equipment requires that the current tolerance be met.

\(4\) Applicable to private operational fixed point-to-point microwave
and stations providing MVDDS.

\(5\) For private operational fixed point-to-point microwave systems,
with a channel greater than or equal to 50 KHz bandwidth, ±0.0005%; for
multiple address master stations, regardless of bandwidth, ±0.00015%;
for multiple address remote stations with 12.5 KHz bandwidths,
±0.00015%; for multiple address remote stations with channels greater
than 12.5 KHz bandwidth, ±0.0005%.

\(6\) For stations authorized prior to March 11, 1997, transmitter
tolerance shall not exceed 0.03%.

\(7\) The frequency tolerance for stations authorized on or before
**\[insert date 24 months after the rule becomes effective\]** is 0.03%.
Existing licensees and pending applicants on that date may continue to
operate after that date with a frequency tolerance of 0.03%, provided
that it does not cause harmful interference to the operation of any
other licensee. For analog systems, if the channel bandwidth is greater
than 30 MHz up to 50 MHz, the frequency tolerance standard will be
0.03%; if the channel bandwidth is 30 MHz or less, then the frequency
tolerance standard will be 0.003%. This analog standard is conditional
provided that harmful interference is not caused to digital stations
operating within the 0.001% tolerance standards. If harmful interference
is caused to stations operating with the more stringent standard, the
onus shall be on the operators with the less stringent parameters to
develop an engineering solution to the problem. For exceptions, see
§101.147 and §101.507.

**6.** Section 101.109 is amended by revising the table in paragraph (c)
to read as follows:

**§101.109 Bandwidth.**

\* \* \* \* \*

\(c\) \* \* \*

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Frequency Band Maximum

(MHz) Authorized

[Bandwidth]{.underline}

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

21,200 to 23,600 50 MHz /1/ /4/

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

\* \* \* \* \*

7.  Section 101.111(a)(2)(i)-(iv) is amended to read as follows:

**§101.111 Emission limitations.**

\* \* \*

96. (a)(2)(i) For operating frequencies below 15 GHz, in any 4 kHz band,
    the center frequency of which is removed from the assigned frequency
    by more than 50 percent up to and including 250 percent of the
    authorized bandwidth: As specified by the following equation but in
    no event less than 50 decibels:

> A = 35 + 0.8(P - 50) + 10 Log~10~ B. (Attenuation greater than 80
> decibels or to an absolute power of less than -13 dBm/1MHz is not
> required.)
>
> where:
>
> A = Attenuation (in decibels) below the mean output power level.
>
> P = Percent removed from the center frequency of the transmitter
> bandwidth.
>
> B = Authorized bandwidth in MHz.
>
> Note: MVDDS operations in the 12.2-12.7 GHz band shall use 24
> megahertz for the value of B in the emission mask equation set forth
> in this section.

97. (a)(2)(ii) For operating frequencies above 15 GHz, in any 1 MHz
    band, the center frequency of which is removed from the assigned
    frequency by more than 50 percent up to and including 250 percent of
    the authorized bandwidth: As specified by the following equation but
    in no event less than 11 decibels:

> A = 11 + 0.4(P - 50) + 10 Log~10~ B. (Attenuation greater than 56
> decibels or to an absolute power of less than -13 dBm/1MHz is not
> required.)

(a)(2)(iii) In any 1 MHz band, the center frequency of which is removed
from the assigned frequency by more than 250 percent of the authorized
bandwidth: At least 43 + 10 Log~10~ (the mean output power in watts)
decibels, or 80 decibels, whichever is the lesser attenuation. The
authorized bandwidth includes the nominal radio frequency bandwidth of
an individual transmitter/modulator in block-assigned bands. Equipment
licensed prior to **\[insert date 24 months after the effective date of
this order\]** shall only be required to meet this standard in any 4 kHz
band.

(a)(2)(iv) The emission mask for LMDS and the 24 GHz Service shall use
the equation in paragraph (a)(2)(ii) of this section and apply it only
to the band edge of each block of spectrum, but not to subchannels
established by licensees. The value of P in the equation is the
percentage removed from the carrier frequency and assumes that the
carrier frequency is the center of the actual bandwidth used. The
emission mask can be satisfied by locating a carrier of the subchannel
sufficiently far from the channel edges so that the emission levels of
the mask are satisfied. The LMDS or 24 GHz emission mask shall use a
value B (bandwidth) of 40 MHz, for all cases even in the case where a
narrower subchannel is used (for instance the actual bandwidth is 10
MHz) and the mean output power used in the calculation is the sum of the
output power of a fully populated channel. For block assigned channels,
the out-of-band emission limits apply only outside the assigned band of
operation and not within the band.

\* \* \* \* \*

**8.** Section 101.113 is amended by revising the table in paragraph (a)
to read as follows

**§ 101.113 Transmitter power limitations.**

\(a\) \* \* \*

+-----------------------------+-------------------+--------------------+
| Frequency Band (MHz)        | Maximum allowable |                    |
|                             |                   |                    |
|                             | EIRP (1)(2)       |                    |
+=============================+===================+====================+
|                             | Fixed             | Mobile             |
|                             |                   |                    |
|                             | (dBW)             | (dBW)              |
+-----------------------------+-------------------+--------------------+
| \* \* \*                    | \* \* \*          | \* \* \*           |
+-----------------------------+-------------------+--------------------+
| 10,550 to 10,600 (5)        | +55               | . . . .            |
+-----------------------------+-------------------+--------------------+
| 10,600 to 10,680 (5)        | +40               |                    |
+-----------------------------+-------------------+--------------------+
| \* \* \*                    | \* \* \*          | \* \* \*           |
+-----------------------------+-------------------+--------------------+

\* \* \*

\(5\) The output power of a DEMS System nodal transmitter shall not
exceed 0.5 watt per 250 kHz. The output power of a DEMS System user
transmitter shall not exceed 0.04 watt per 250 kHz. The transmitter
power in terms of the watts specified is the peak envelope power of the
emission measured at the associated antenna input port. The operating
power shall not exceed the authorized power by more than 10 percent of
the authorized power in watts at any time. Frequencies from
10,600-10,680 MHz are subject to footnote US265 in the Table of
Frequency Allocations in Section 2.106 of the Commission's Rules.
Stations authorized prior to \[insert effective date\] to exceed the 40
dBW limit may continue to operate at their authorized output power level
indefinitely, provided that neither end point of the relevant link is
relocated.

\* \* \* \* \*

**9.** Section 101.115 is amended by removing paragraph (b) and
redesignating paragraphs (c) through (g) as (b) through (f), and
revising the table in redesignated paragraph (b) to read as follows:

**§ 101.115 Directional antennas.**

\* \* \* \* \*

\(b\) \* \* \*

<table style="width:100%;">
<colgroup>
<col style="width: 14%" />
<col style="width: 11%" />
<col style="width: 12%" />
<col style="width: 11%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="11"><strong>Antenna Standards</strong></td>
</tr>
<tr class="even">
<td><p>Frequency</p>
<p>(MHz)</p></td>
<td>Category</td>
<td><p>Maximum beamwidth to 3 dB points<sup>1</sup></p>
<p>(included angle in degrees)</p></td>
<td>Minimum antenna gain (dBi)</td>
<td colspan="7">Minimum radiation suppression to angle in degrees from
centerline of main beam in decibels</td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td><p>5<sup>o</sup></p>
<p>to 10<sup>o</sup></p></td>
<td>10<sup>o</sup> to 15<sup>o</sup></td>
<td>15<sup>o</sup> to 20<sup>o</sup></td>
<td>20<sup>o</sup> to 30<sup>o</sup></td>
<td>30<sup>o</sup> to 100<sup>o</sup></td>
<td>100<sup>o</sup> to 140<sup>o</sup></td>
<td>140<sup>o</sup> to 180<sup>o</sup></td>
</tr>
<tr class="even">
<td colspan="11">* * *</td>
</tr>
<tr class="odd">
<td>6,525 to 6,875 <sup>6</sup></td>
<td><p>A</p>
<p>B</p></td>
<td><p>1.5</p>
<p>2.0</p></td>
<td><p>n/a</p>
<p>n/a</p></td>
<td><p>26</p>
<p>21</p></td>
<td><p>29</p>
<p>25</p></td>
<td><p>32</p>
<p>29</p></td>
<td><p>34</p>
<p>32</p></td>
<td><p>38</p>
<p>35</p></td>
<td><p>41</p>
<p>39</p></td>
<td><p>49</p>
<p>45</p></td>
</tr>
<tr class="even">
<td>10,550 to 10,680 <sup>7</sup></td>
<td><p>A</p>
<p>B</p></td>
<td><p>3.5</p>
<p>3.5</p></td>
<td><p>33.5</p>
<p>33.5</p></td>
<td><p>18</p>
<p>17</p></td>
<td><p>24</p>
<p>24</p></td>
<td><p>28</p>
<p>28</p></td>
<td><p>32</p>
<p>32</p></td>
<td><p>35</p>
<p>35</p></td>
<td><p>55</p>
<p>40</p></td>
<td><p>55</p>
<p>45</p></td>
</tr>
<tr class="odd">
<td colspan="11">* * *</td>
</tr>
<tr class="even">
<td><p>21,200 to</p>
<p>23,600<sup>7 , 11</sup></p></td>
<td><p>A</p>
<p>B</p></td>
<td><p>3.3</p>
<p>3.3</p></td>
<td><p>33.5</p>
<p>33.5</p></td>
<td><p>18</p>
<p>17</p></td>
<td><p>26</p>
<p>24</p></td>
<td><p>26</p>
<p>24</p></td>
<td><p>33</p>
<p>29</p></td>
<td><p>33</p>
<p>29</p></td>
<td><p>55</p>
<p>40</p></td>
<td><p>55</p>
<p>50</p></td>
</tr>
<tr class="odd">
<td colspan="11">* * *</td>
</tr>
</tbody>
</table>

\* \* \*

/7/ For stations authorized or pending on **\[insert effective date\]**,
the minimum radiation suppression for Category B is 35 dB in the
10,550-10,680 MHz band and 36 dB in the 21,200-23,600 MHz band for
discrimination angles from 100^o^ to 180^o^.

\* \* \* \* \*

**10.** Section 101.117 is revised to read as follows:

**§ 101.117 Antenna polarization.**

Except as set forth herein, stations operating in the radio services
included in this part are not limited as to the type of polarization of
the radiated signal that may be employed. However, in the event
interference in excess of permissible levels is caused to the operation
of other stations as a result of employing other than linear
polarization, the Commission may order a licensee to change its system
polarization to mitigate the interference. No change in polarization may
be made without prior authorization from the Commission. Unless
otherwise allowed, only linear polarization (horizontal and vertical)
shall be used. For LMDS systems, unless otherwise authorized, system
operators are permitted to use any polarization within its service area,
but only vertical and/or horizontal polarization for antennas located
within 20 kilometers of the outermost edge of their service area.

**11.** Section 101.133 is amended by adding paragraph (e) to read as
follows:

**§ 101.133 Limitations on use of transmitters.**

\* \* \* \* \*

\(e\) Existing private operational fixed wireless licensees applying to
become common carrier wireless licensees shall comply with all
provisions of the Communications Act and the Commission's rules.
Applicants must take all required filings, including FCC Form 601, and
receive all necessary Commission approval prior to operating as a common
carrier wireless licensee. The regulatory fee associated with FCC
wireless application Form 601 is waived for applicants who are existing
private operational fixed licensees seeking common carrier status,
provided that such licensees have also complied with all other
discontinuance requirements of Title II of the Act. Applicants are
responsible for all other Commission regulatory fees.

**12.** The first sentence in paragraph (a) of Section 101.135 is
revised to read as follows:

**§ 101.135 Shared use of radio stations and the offering of private
carrier service.**

\* \* \* \* \*

\(a\) Persons or governmental entities licensed to operate radio systems
pursuant to subpart H of this part on any of the private radio
frequencies set out in § 101.101 may share such systems with, or provide
private carrier service to, any eligible entity for licensing under this
part, regardless of individual eligibility restrictions, provided that
the communications being carried are permissible under § 101.603. \* \*
\*

\* \* \* \* \*

**13.** Section 101.139 is amended by revising paragraph (a) and adding
paragraph (g) to read as follows:

**§ 101.139 Authorization of transmitters.**

\(a\) Unless specified otherwise, transmitters used in the private
operational fixed and common carrier fixed point-to-point microwave and
point-to-multipoint services under this part must be a type that has
been verified for compliance.

\* \* \* \* \*

\(g\) After **\[insert date 24 months after the effective date\]**, the
manufacture (except for export) or importation of equipment for
operation in the 21,200-23,600 MHz band must meet:

\(1\) The 0.001% frequency tolerance requirement for digital systems in
§101.107(a) or the 0.03-0.003% frequency tolerance for analog sytems;
and

\(2\) For equipment employing digital modulation techniques, the minimum
bit rate requirements of §101.141(a).

**14.** Section 101.141 is amended by revising paragraphs (a) and (a)(1)
to read as follows:

**§ 101.141 Microwave modulation.**

\(a\) Microwave transmitters employing digital modulation techniques and
operating below 25.25 GHz (except for MVDDS stations in the
12,200-12,700 MHz band) must, with appropriate multiplex equipment,
comply with the following additional requirements:

\(1\) \* \* \*

NOTE to (a)(1): Stations authorized prior to December 1, 1988 may
install equipment after that date with no minimum bit rate. Equipment
applied for or authorized prior to **\[insert date 24 months after
effective date\]** in the 21.2-23.6 GHz band may be installed with no
minimum bit rate. However, any digital equipment applied for after
**\[insert date 24 months after effective date\]** and equipment
replacing existing equipment in the 21.2-23.6 GHz band must meet the bit
rate standard.

\* \* \* \* \*

**15.** Section 101.147 is amended by removing the text of and reserving
paragraph (k), and revising paragraph (a), the introductory text of (b),
Table 3 of paragraph (b)(2), paragraph (r)(10), and paragraph (s) to
read as follows:

**§ 101.147 Frequency assignments.**

\(a\) \* \* \*

\* \* \*

2,450-2,500 MHz /12/

\* \* \*

Notes

/1/ Frequencies in this band are shared with control and repeater
stations in the Public Mobile Services and with stations in the
International Fixed Public Radiocommunication Services located south of
25 30\' north latitude in the State of Florida and U. S. possessions in
the Caribbean area. Additionally, the band 2160-2162 MHz is shared with
stations in the Multipoint Distribution Service.

\* \* \*

/12/ Frequencies in this band are available for assignment to the common
carrier and private-operational fixed point-to-point microwave services.

\* \* \*

/14/ Frequencies in this band are shared with stations in the
fixed-satellite service.

\* \* \*

/26/ Frequencies from 21.8-22.0 GHz and 23.0-23.2 GHz may be authorized
for low power, limited coverage systems subject to the provisions of
paragraph (s)(8) of this section.

\* \* \* \* \*

(b) Subsections 1 - 5 and Tables 1 - 7 pertain to Multiple Address
    System (MAS) frequencies and Subsection 6 and Tables 8 - 11 pertain
    to point-to-point frequencies. (The remainder of this introductory
    paragraph applies only to MAS frequencies, except refer to
    Subsection 6 for point-to-point frequencies). Frequencies normally
    available for assignment in this service are set forth with
    applicable limitations in the following tables: 928-960 MHz Multiple
    address system (MAS) frequencies are available for the
    point-to-multipoint and point-to-point transmission of a licensee's
    products or services, excluding video entertainment material, to a
    licensee\'s customer or for its own internal communications. The
    paired frequencies listed in this section are used for two-way
    communications between a master station and remote stations.
    Ancillary one-way communications on paired frequencies are permitted
    on a case-by-case basis. Ancillary communications between
    interrelated master stations are permitted on a secondary basis. The
    normal channel bandwidth assigned will be 12.5 kHz. EA licensees,
    however, may combine contiguous channels without limit or
    justification. Site-based licensees may combine contiguous channels
    up to 50 kHz, and more than 50 kHz only upon a showing of adequate
    justification. Any bandwidth (12.5 kHz, 25 kHz or greater)
    authorized in accordance with this section may be subdivided into
    narrower bandwidths to create additional (or sub) frequencies
    without the need to specify each discrete frequency within the
    specific bandwidth. Equipment that is used to create additional
    frequencies by narrowing bandwidth (whether authorized for a 12.5
    kHz, 25 kHz or greater bandwidth) will be required to meet, at a
    minimum, the [+]{.underline} 0.00015 percent tolerance requirement
    so that all subfrequencies will be within the emission mask. Systems
    licensed for frequencies in these MAS bands prior to August 1, 1975,
    may continue to operate as authorized until June 11, 1996, at which
    time they must comply with current MAS operations based on the 12.5
    kHz channelization set forth in this paragraph. Systems licensed
    between August 1, 1975, and January 1, 1981, inclusive, are required
    to comply with the grandfathered 25 kHz standard bandwidth and
    channelization requirements set forth in this paragraph. Systems
    originally licensed after January 1, 1981, and on or before May 11,
    1988, with bandwidths of 25 kHz and above, will be grandfathered
    indefinitely.

-   \* \* \* \* \*

(1) \* \* \*

(2) Frequencies listed in this paragraph are designated for private
    internal use and are subject to site-based licensing.

(3) 

> Table 3-Paired Frequencies (MHz)

(12.5 kHz bandwidth)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Remote Master

transmit transmit

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

928.35625 952.35625

928.36875 952.36875

928.38125 952.38125

928.39375 952.39375

928.40625 952.40625

928.41875 952.41875

928.43125 952.43125

928.44375 952.44375

928.45625 952.45625

928.46875 952.46875

928.48125 952.48125

928.49375 952.49375

928.50625 952.50625

928.51875 952.51875

928.53125 952.53125

928.54375 952.54375

928.55625 952.55625

928.56875 952.56875

928.58125 952.58125

928.59375 952.59375

928.60625 952.60625

928.61875 952.61875

928.63125 952.63125

928.64375 952.64375

928.65625 952.65625

928.66875 952.66875

928.68125 952.68125

928.69375 952.69375

928.70625 952.70625

928.71875 952.71875

928.73125 952.73125

928.74375 952.74375

928.75625 952.75625

928.76875 952.76875

928.78125 952.78125

928.79375 952.79375

928.80625 952.80625

928.81875 952.81875

928.83125 952.83125

928.84375 952.84375

\* \* \* \* \*

\(k\) \[Reserved\]

\* \* \* \* \*

\(r\) \* \* \* \* \*

\(10\) Special provision for low power systems in the 17-700-19700 MHz
band: Notwithstanding other provisions in this rule part, and except for
specified areas around Washington, DC, and Denver, Colorado, licensees
of point-to-multipoint channel pairs 25-29 identified in paragraph
(r)(9) of this section may operate multiple low power transmitting
devices within a defined service area. New operations are prohibited
within 55 km when used outdoor and within 20 km when used indoor of the
coordinates 38^o^ 48' N/76^o^ 52' W and 39^o^ 43'N/104^o^ 46' W. The
service area will be a 28 kilometer omnidirectional radius originating
from specified center reference coordinates. The specified center
coordinates must be no closer than 56 kilometers from any co-channel
nodal station or the specified center coordinates of another co-channel
system. Applicants/licensees do not need to specify the location of each
individual transmitting device operating within their defined service
areas. Such operations are available to private and common carriers and
are subject to the following requirements for the low power transmitting
devices:

\* \* \*

\(s\) *21,200 to 23,600 MHz*: 50 MHz authorized bandwidth.

\(1\) 2.5 MHz bandwidth channels:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TRANSMIT RECEIVE

(receive) (transmit)

(MHz) (MHz)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

21601.25 \...\...\...\...\...\...\...\...\..... 22801.25

21603.75 \...\...\...\...\...\...\...\...\..... 22803.75

21606.25 \...\...\...\...\...\...\...\...\..... 22806.25

21608.75 \...\...\...\...\...\...\...\...\..... 22808.75

21611.25 \...\...\...\...\...\...\...\...\..... 22811.25

21613.75 \...\...\...\...\...\...\...\...\..... 22813.75

21616.25 \...\...\...\...\...\...\...\...\..... 22816.25

21618.75 \...\...\...\...\...\...\...\...\..... 22818.75

21621.25 \...\...\...\...\...\...\...\...\..... 22821.25

21623.75 \...\...\...\...\...\...\...\...\..... 22823.75

21626.25 \...\...\...\...\...\...\...\...\..... 22826.25

21628.75 \...\...\...\...\...\...\...\...\..... 22828.75

21631.25 \...\...\...\...\...\...\...\...\..... 22831.25

21633.75 \...\...\...\...\...\...\...\...\..... 22833.75

21636.25 \...\...\...\...\...\...\...\...\..... 22836.25

21638.75 \...\...\...\...\...\...\...\...\..... 22838.75

21641.25 \...\...\...\...\...\...\...\...\..... 22841.25

21643.75 \...\...\...\...\...\...\...\...\..... 22843.75

21646.25 \...\...\...\...\...\...\...\...\..... 22846.25

21648.75 \...\...\...\...\...\...\...\...\..... 22848.75

21651.25 \...\...\...\...\...\...\...\...\..... 22851.25

21653.75 \...\...\...\...\...\...\...\...\..... 22853.75

21656.25 \...\...\...\...\...\...\...\...\..... 22856.25

21658.75 \...\...\...\...\...\...\...\...\..... 22858.75

21661.25 \...\...\...\...\...\...\...\...\..... 22861.25

21663.75 \...\...\...\...\...\...\...\...\..... 22863.75

21666.25 \...\...\...\...\...\...\...\...\..... 22866.25

21668.75 \...\...\...\...\...\...\...\...\..... 22868.75

21671.25 \...\...\...\...\...\...\...\...\..... 22871.25

21673.75 \...\...\...\...\...\...\...\...\..... 22873.75

21676.25 \...\...\...\...\...\...\...\...\..... 22876.25

21678.75 \...\...\...\...\...\...\...\...\..... 22878.75

21681.25 \...\...\...\...\...\...\...\...\..... 22881.25

21683.75 \...\...\...\...\...\...\...\...\..... 22883.75

21686.25 \...\...\...\...\...\...\...\...\..... 22886.25

21688.75 \...\...\...\...\...\...\...\...\..... 22888.75

21691.25 \...\...\...\...\...\...\...\...\..... 22891.25

21693.75 \...\...\...\...\...\...\...\...\..... 22893.75

21696.25 \...\...\...\...\...\...\...\...\..... 22896.25

21698.75 \...\...\...\...\...\...\...\...\..... 22898.75

21701.25 \...\...\...\...\...\...\...\...\..... 22901.25

21703.75 \...\...\...\...\...\...\...\...\..... 22903.75

21706.25\...\...\...\...\...\...\...\...\...\... 22906.25

21708.75 \...\...\...\...\...\...\...\...\..... 22908.75

21711.25 \...\...\...\...\...\...\...\...\..... 22911.25

21713.75 \...\...\...\...\...\...\...\...\..... 22913.75

21716.25 \...\...\...\...\...\...\...\...\..... 22916.25

21718.75 \...\...\...\...\...\...\...\...\..... 22918.75

21721.25 \...\...\...\...\...\...\...\...\..... 22921.25

21723.75 \...\...\...\...\...\...\...\...\..... 22923.75

21726.25 \...\...\...\...\...\...\...\...\..... 22926.25

21728.75 \...\...\...\...\...\...\...\...\..... 22928.75

21731.25 \...\...\...\...\...\...\...\...\..... 22931.25

21733.75 \...\...\...\...\...\...\...\...\..... 22933.75

21736.25 \...\...\...\...\...\...\...\...\..... 22936.25

21738.75 \...\...\...\...\...\...\...\...\.... 22938.75

21741.25 \...\...\...\...\...\...\...\...\..... 22941.25

21743.75 \...\...\...\...\...\...\...\...\.... 22943.75

21746.25 \...\...\...\...\...\...\...\...\..... 22946.25

21748.75 \...\...\...\...\...\...\...\...\..... 22948.75

21751.25 \...\...\...\...\...\...\...\...\..... 22951.25

21753.75 \...\...\...\...\...\...\...\...\..... 22953.75

21756.25 \...\...\...\...\...\...\...\...\..... 22956.25

21758.75 \...\...\...\...\...\...\...\...\..... 22958.75

21761.25 \...\...\...\...\...\...\...\...\..... 22961.25

21763.75 \...\...\...\...\...\...\...\...\..... 22963.75

21766.25 \...\...\...\...\...\...\...\...\..... 22966.25

21768.75 \...\...\...\...\...\...\...\...\.... 22968.75

21771.25 \...\...\...\...\...\...\...\...\..... 22971.25

21773.75 \...\...\...\...\...\...\...\...\..... 22973.75

21776.25 \...\...\...\...\...\...\...\...\..... 22976.25

21778.75 \...\...\...\...\...\...\...\...\..... 22978.75

21781.25 \...\...\...\...\...\...\...\...\..... 22981.25

21783.75 \...\...\...\...\...\...\...\...\..... 22983.75

21786.25 \...\...\...\...\...\...\...\...\..... 22986.25

21788.75 \...\...\...\...\...\...\...\...\..... 22988.75

21791.25 \...\...\...\...\...\...\...\...\..... 22991.25

21793.75 \...\...\...\...\...\...\...\...\..... 22993.75

21796.25 \...\...\...\...\...\...\...\...\..... 22996.25

21798.75 \...\...\...\...\...\...\...\...\..... 22998.75

22301.25 \...\...\...\...\...\...\...\...\..... 23501.25

22303.75 \...\...\...\...\...\...\...\...\..... 23503.75

22306.25 \...\...\...\...\...\...\...\...\..... 23506.25

22308.75 \...\...\...\...\...\...\...\...\..... 23508.75

22311.25 \...\...\...\...\...\...\...\...\..... 23511.25

22313.75 \...\...\...\...\...\...\...\...\..... 23513.75

22316.25 \...\...\...\...\...\...\...\...\..... 23516.25

22318.75 \...\...\...\...\...\...\...\...\..... 23518.75

22321.25 \...\...\...\...\...\...\...\...\..... 23521.25

22323.75 \...\...\...\...\...\...\...\...\..... 23523.75

22326.25 \...\...\...\...\...\...\...\...\..... 23526.25

22328.75 \...\...\...\...\...\...\...\...\..... 23528.75

22331.25 \...\...\...\...\...\...\...\...\..... 23531.25

22333.75 \...\...\...\...\...\...\...\...\..... 23533.75

22336.25 \...\...\...\...\...\...\...\...\..... 23536.25

22338.75 \...\...\...\...\...\...\...\...\..... 23538.75

22341.25 \...\...\...\...\...\...\...\...\..... 23541.25

22343.75 \...\...\...\...\...\...\...\...\..... 23543.75

22346.25 \...\...\...\...\...\...\...\...\..... 23546.25

22348.75 \...\...\...\...\...\...\...\...\..... 23548.75

22351.25 \...\...\...\...\...\...\...\...\..... 23551.25

22353.75 \...\...\...\...\...\...\...\...\..... 23553.75

22356.25 \...\...\...\...\...\...\...\...\..... 23556.25

22358.75 \...\...\...\...\...\...\...\...\..... 23558.75

22361.25 \...\...\...\...\...\...\...\...\..... 23561.25

22363.75 \...\...\...\...\...\...\...\...\..... 23563.75

22366.25 \...\...\...\...\...\...\...\...\..... 23566.25

22368.75 \...\...\...\...\...\...\...\...\..... 23568.75

22371.25 \...\...\...\...\...\...\...\...\..... 23571.25

22373.75 \...\...\...\...\...\...\...\...\..... 23573.75

22376.25 \...\...\...\...\...\...\...\...\..... 23576.25

22378.75 \...\...\...\...\...\...\...\...\..... 23578.75

22381.25 \...\...\...\...\...\...\...\...\..... 23581.25

22383.75 \...\...\...\...\...\...\...\...\..... 23583.75

22386.25 \...\...\...\...\...\...\...\...\..... 23586.25

22388.75 \...\...\...\...\...\...\...\...\..... 23588.75

22391.25 \...\...\...\...\...\...\...\...\..... 23591.25

22393.75 \...\...\...\...\...\...\...\...\..... 23593.75

22396.25 \...\...\...\...\...\...\...\...\..... 23596.25

22398.75 \...\...\...\...\...\...\...\...\..... 23598.75

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(2\) 5 MHz bandwidth channels:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TRANSMIT RECEIVE

(receive) (transmit)

(MHz) (MHz)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

21602.5 \...\...\...\...\...\...\...\...\...\.... 22802.5

21607.5 \...\...\...\...\...\...\...\...\...\.... 22807.5

21612.5 \...\...\...\...\...\...\...\...\...\.... 22812.5

21617.5 \...\...\...\...\...\...\...\...\...\.... 22817.5

21622.5 \...\...\...\...\...\...\...\...\...\.... 22822.5

21627.5 \...\...\...\...\...\...\...\...\...\.... 22827.5

21632.5 \...\...\...\...\...\...\...\...\...\.... 22832.5

21637.5 \...\...\...\...\...\...\...\...\...\.... 22837.5

21642.5 \...\...\...\...\...\...\...\...\...\.... 22842.5

21647.5 \...\...\...\...\...\...\...\...\...\.... 22847.5

21652.5 \...\...\...\...\...\...\...\...\...\.... 22852.5

21657.5 \...\...\...\...\...\...\...\...\...\.... 22857.5

21662.5 \...\...\...\...\...\...\...\...\...\.... 22862.5

21667.5 \...\...\...\...\...\...\...\...\...\.... 22867.5

21672.5 \...\...\...\...\...\...\...\...\...\.... 22872.5

21677.5 \...\...\...\...\...\...\...\...\...\.... 22877.5

21682.5 \...\...\...\...\...\...\...\...\...\.... 22882.5

21687.5 \...\...\...\...\...\...\...\...\...\.... 22887.5

21692.5 \...\...\...\...\...\...\...\...\...\.... 22892.5

21697.5 \...\...\...\...\...\...\...\...\...\.... 22897.5

21702.5 \...\...\...\...\...\...\...\...\...\.... 22902.5

21707.5 \...\...\...\...\...\...\...\...\...\.... 22907.5

21712.5 \...\...\...\...\...\...\...\...\...\.... 22912.5

21717.5 \...\...\...\...\...\...\...\...\...\.... 22917.5

21722.5 \...\...\...\...\...\...\...\...\...\.... 22922.5

21727.5 \...\...\...\...\...\...\...\...\...\.... 22927.5

21732.5 \...\...\...\...\...\...\...\...\...\.... 22932.5

21737.5 \...\...\...\...\...\...\...\...\...\.... 22937.5

21742.5 \...\...\...\...\...\...\...\...\...\.... 22942.5

21747.5 \...\...\...\...\...\...\...\...\...\.... 22947.5

21752.5 \...\...\...\...\...\...\...\...\...\.... 22952.5

21757.5 \...\...\...\...\...\...\...\...\...\.... 22957.5

21762.5 \...\...\...\...\...\...\...\...\...\.... 22962.5

21767.5 \...\...\...\...\...\...\...\...\...\.... 22967.5

21772.5 \...\...\...\...\...\...\...\...\...\.... 22972.5

21777.5 \...\...\...\...\...\...\...\...\...\.... 22977.5

21782.5 \...\...\...\...\...\...\...\...\...\.... 22982.5

21787.5 \...\...\...\...\...\...\...\...\...\.... 22987.5

21792.5 \...\...\...\...\...\...\...\...\...\.... 22992.5

21797.5 \...\...\...\...\...\...\...\...\...\.... 22997.5

22302.5 \...\...\...\...\...\...\...\...\...\.... 23502.5

22307.5 \...\...\...\...\...\...\...\...\...\.... 23507.5

22312.5 \...\...\...\...\...\...\...\...\...\.... 23512.5

22317.5 \...\...\...\...\...\...\...\...\...\.... 23517.5

22322.5 \...\...\...\...\...\...\...\...\...\.... 23522.5

22327.5 \...\...\...\...\...\...\...\...\...\.... 23527.5

22332.5 \...\...\...\...\...\...\...\...\...\.... 23532.5

22337.5 \...\...\...\...\...\...\...\...\...\.... 23537.5

22342.5 \...\...\...\...\...\...\...\...\...\.... 23542.5

22347.5 \...\...\...\...\...\...\...\...\...\.... 23547.5

22352.5 \...\...\...\...\...\...\...\...\...\.... 23552.5

22357.5 \...\...\...\...\...\...\...\...\...\.... 23557.5

22362.5 \...\...\...\...\...\...\...\...\...\.... 23562.5

22367.5 \...\...\...\...\...\...\...\...\...\.... 23567.5

22372.5 \...\...\...\...\...\...\...\...\...\.... 23572.5

22377.5 \...\...\...\...\...\...\...\...\...\.... 23577.5

22382.5 \...\...\...\...\...\...\...\...\...\.... 23582.5

22387.5 \...\...\...\...\...\...\...\...\...\.... 23587.5

22392.5 \...\...\...\...\...\...\...\...\...\.... 23592.5

22397.5 \...\...\...\...\...\...\...\...\...\.... 23597.5

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(3\) 10 MHz bandwidth channels:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TRANSMIT RECEIVE

(receive) (transmit)

(MHz) (MHz)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

21205 \...\...\...\...\...\...\...\...\...\...\... 22405

21215 \...\...\...\...\...\...\...\...\...\...\... 22415

21225 \...\...\...\...\...\...\...\...\...\...\... 22425

21235 \...\...\...\...\...\...\...\...\...\...\... 22435

21245 \...\...\...\...\...\...\...\...\...\...\... 22445

21255 \...\...\...\...\...\...\...\...\...\...\... 22455

21265 \...\...\...\...\...\...\...\...\...\...\... 22465

21275 \...\...\...\...\...\...\...\...\...\...\... 22475

21285 \...\...\...\...\...\...\...\...\...\...\... 22485

21295 \...\...\...\...\...\...\...\...\...\...\... 22495

21305 \...\...\...\...\...\...\...\...\...\...\... 22505

21315 \...\...\...\...\...\...\...\...\...\...\... 22515

21325 \...\...\...\...\...\...\...\...\...\...\... 22525

21335 \...\...\...\...\...\...\...\...\...\...\... 22535

21345 \...\...\...\...\...\...\...\...\...\...\... 22545

21355 \...\...\...\...\...\...\...\...\...\...\... 22555

21365 \...\...\...\...\...\...\...\...\...\...\... 22565

21375 \...\...\...\...\...\...\...\...\...\...\... 22575

21385 \...\...\...\...\...\...\...\...\...\...\... 22585

21395 \...\...\...\...\...\...\...\...\...\...\... 22595

21405 \...\...\...\...\...\...\...\...\...\...\... 22605

21415 \...\...\...\...\...\...\...\...\...\...\... 22615

21425 \...\...\...\...\...\...\...\...\...\...\... 22625

21435 \...\...\...\...\...\...\...\...\...\...\... 22635

21445 \...\...\...\...\...\...\...\...\...\...\... 22645

21455 \...\...\...\...\...\...\...\...\...\...\... 22655

21465 \...\...\...\...\...\...\...\...\...\...\... 22665

21475 \...\...\...\...\...\...\...\...\...\...\... 22675

21485 \...\...\...\...\...\...\...\...\...\...\... 22685

21495 \...\...\...\...\...\...\...\...\...\...\... 22695

21505 \...\...\...\...\...\...\...\...\...\...\... 22705

21515 \...\...\...\...\...\...\...\...\...\...\... 22715

21525 \...\...\...\...\...\...\...\...\...\...\... 22725

21535 \...\...\...\...\...\...\...\...\...\...\... 22735

21545 \...\...\...\...\...\...\...\...\...\...\... 22745

21555 \...\...\...\...\...\...\...\...\...\...\... 22755

21565 \...\...\...\...\...\...\...\...\...\...\... 22765

21575 \...\...\...\...\...\...\...\...\...\...\... 22775

21585 \...\...\...\...\...\...\...\...\...\...\... 22785

21595 \...\...\...\...\...\...\...\...\...\...\... 22795

21605 /1/ \...\...\...\...\...\...\...\...\.... 22805 /1/

21615 /1/ \...\...\...\...\...\...\...\...\.... 22815 /1/

21625 /1/ \...\...\...\...\...\...\...\...\.... 22825 /1/

21635 /1/ \...\...\...\...\...\...\...\...\.... 22835 /1/

21645 /1/ \...\...\...\...\...\...\...\...\.... 22845 /1/

21655 /1/ \...\...\...\...\...\...\...\...\.... 22855 /1/

21665 /1/ \...\...\...\...\...\...\...\...\.... 22865 /1/

21675 /1/ \...\...\...\...\...\...\...\...\.... 22875 /1/

21685 /1/ \...\...\...\...\...\...\...\...\.... 22885 /1/

21695 /1/ \...\...\...\...\...\...\...\...\.... 22895 /1/

21705 /1/ \...\...\...\...\...\...\...\...\.... 22905 /1/

21715 /1/ \...\...\...\...\...\...\...\...\.... 22915 /1/

21725 /1/ \...\...\...\...\...\...\...\...\.... 22925 /1/

21735 /1/ \...\...\...\...\...\...\...\...\.... 22935 /1/

21745 /1/ \...\...\...\...\...\...\...\...\.... 22945 /1/

21755 /1/ \...\...\...\...\...\...\...\...\.... 22955 /1/

21765 /1/ \...\...\...\...\...\...\...\...\.... 22965 /1/

21775 /1/ \...\...\...\...\...\...\...\...\.... 22975 /1/

21785 /1/ \...\...\...\...\...\...\...\...\.... 22985 /1/

21795 /1/ \...\...\...\...\...\...\...\...\.... 22995 /1/

21805 /2/\...\...\...\...\...\...\...\...\..... 23005 /2/

21815 /2/\...\...\...\...\...\...\...\...\..... 23015 /2/

21825 /2/\...\...\...\...\...\...\...\...\..... 23025 /2/

21835 /2/\...\...\...\...\...\...\...\...\..... 23035 /2/

21845 /2/\...\...\...\...\...\...\...\...\..... 23045 /2/

21855 /2/\...\...\...\...\...\...\...\...\..... 23055 /2/

21865 /2/\...\...\...\...\...\...\...\...\..... 23065 /2/

21875 /2/\...\...\...\...\...\...\...\...\..... 23075 /2/

21885 /2/\...\...\...\...\...\...\...\...\..... 23085 /2/

21895 /2/\...\...\...\...\...\...\...\...\..... 23095 /2/

21905 /2/\...\...\...\...\...\...\...\...\..... 23105 /2/

21915 /2/\...\...\...\...\...\...\...\...\..... 23115 /2/

21925 /2/\...\...\...\...\...\...\...\...\..... 23125 /2/

21935 /2/\...\...\...\...\...\...\...\...\..... 23135 /2/

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\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

/1/ Alternate channels. These channels are set aside for narrow
bandwidth systems and

should be used only if all other channels are blocked.

/2/ These frequencies may be assigned to low power systems, as defined
in subsection (8) of this paragraph.

\(4\) 20 MHz bandwidth channels:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TRANSMIT RECEIVE

(receive) (transmit)

(MHz) (MHz)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

21210 \...\...\...\...\...\...\...\...\...\...\... 22410

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\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

/1/ Alternate channels. These channels are set aside for narrow
bandwidth systems

and should be used only if all other channels are blocked.

/2/ These frequencies may be assigned to low power systems, as defined
in subsection (8) of this paragraph.

\(5\) 30 MHz bandwidth channels:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TRANSMIT RECEIVE

(receive) (transmit)

(MHz) (MHz)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

21235 \...\...\...\...\...\...\...\...\...\...\... 22435

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\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

/1/ Alternate channels. These channels are set aside for narrow
bandwidth systems and

should be used only if all other channels are blocked.

/2/ These frequencies may be assigned to low power systems, as defined
in paragraph (8)

of this section.

\(6\) 40 MHz bandwidth channels:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TRANSMIT RECEIVE

(receive) (transmit)

(MHz) (MHz)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

/1/ Alternate channels. These channels are set aside for narrow
bandwidth systems and

should be used only if all other channels are blocked.

/2/ These frequencies may be assigned to low power systems, as defined
in paragraph (8)

of this section.

\(7\) 50 MHz bandwidth channels:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TRANSMIT RECEIVE

(receive) (transmit)

(MHz) (MHz)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

21225 \...\...\...\...\...\...\...\...\...\...\... 22425

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\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

/1/ Alternate channels. These channels are set aside for narrow
bandwidth systems and

should be used only if all other channels are blocked.

/2/ These frequencies may be assigned to low power systems, as defined
in paragraph (8)

of this section.

\(8\) *Special provisions for low power, limited coverage systems in the
21.8-22.0 GHz and 23.0-23.2 GHz band segments*. Notwithstanding any
contrary provisions in this part, the frequency band segment 21.8-22.0
GHz paired with the frequency band segment 23.0-23.2 GHz may be
authorized for low power, limited coverage systems subject to the
following provisions:

\(i\) The maximum EIRP shall be 55 dBm and the rated transmitter output
power shall not exceed 0.100 Watts;

\(ii\) In the band segments from 21.8-22.0 GHz and 23.0-23.2 GHz, the
frequency tolerance for stations authorized on or before **\[insert date
24 months after effective date\]** is 0.05%. Existing licensees and
pending applicants on that date may continue to operate after that date
with a frequency tolerance of 0.05%, provided that it does not cause
harmful interference to the operation of any other licensee. The
frequency tolerance of §101.107(a) shall apply to stations applied for
after **\[insert date 24 months after effective date\]**;

\(iii\) The maximum beamwidth shall not exceed 4 degrees;

\(iv\) The sidelobe suppression criteria contained in §101.115 of this
part shall not apply, except that a minimum front-to-back ratio of 38 dB
shall apply;

\(v\) Upon showing of need, a maximum bandwidth of 50 MHz may be
authorized per frequency assigned;

\(vi\) Radio systems authorized under the provisions of this section
shall have no more than five hops in tandem, except upon showing of
need, but in any event the maximum tandem length shall not exceed 40 km
(25 miles);

\(vii\) Interfering signals at the antenna terminals of station
authorized under this section shall not exceed -90 dBm and -70 dBm
respectively, for co-channel and adjacent channel interfering signals;
and

\(viii\) Stations authorized under the provisions of this section shall
provide the protection from interference specified in **§**101.105 to
stations operating in accordance with the provisions of this part.

\* \* \* \* \*

**16.** Section 101.507 is revised to read as follows:

**§ 101.507 Frequency stability.**

The frequency stability in the 10,550-10,680 MHz band must be
[+]{.underline}0.0001% for each DEMS Nodal Station transmitter and
[+]{.underline}0.0003% for each DEMS User Station transmitter. The
frequency stability in the 24,250-25,250 MHz bands must be
[+]{.underline}0.001% for each Nodal Station transmitter and
[+]{.underline}0.003% for each User Station transmitter.

**17.** Section 101.603 is amended by revising paragraph (b)(1) to read
as follows:

**§ 101.603 Permissible communications.**

\* \* \* \* \*

\(b\) \* \* \*

\(1\) Render a common carrier service of any kind. However, licensees
are allowed to lease excess capacity to common carriers. In addition,
Specialized Mobile Radio (SMR) licensees reclassified by the Commission
as Commercial Mobile Radio Services (CMRS), that were formerly private
land mobile radio service providers, may continue to utilize private
operational fixed microwave systems licensed prior to \[**insert
effective date**\] for their land mobile connecting facilities.

\* \* \* \* \*

**18.** Section 101.803 is amended by removing paragraph (e) and
redesignating paragraphs (f and g), and revising paragraph (a) and note
8 in paragraph (d) to read as follows:

**§ 101.803 Frequencies.**

\(a\) Frequencies in the following bands are available for assignment to
television pickup and television non-broadcast pickup stations in this
service:

\* \* \*

14,200 to 14,400 MHz. /8/

21,200 to 22,000 MHz. /1/ /2/ /4/ /5/

22,000 to 23,600 MHz. /1/ /2/ /5/

\* \* \*

\* \* \* \* \*

/5/ This frequency band is shared with the common carrier and
private-operational fixed

point-to-point microwave services.

\* \* \* \* \*

/8/ The maximum power for the local television transmission service in
the 14.2-14.4 GHz

band is +45 dBW, except that operations are not permitted to point
within 1.5 degrees of the

geostationary orbit.

\* \* \* \* \*

\(d\) \* \* \*

/8/ This frequency band is shared with the common carrier and
private-operational fixed

point-to-point microwave services.

\* \* \* \* \*

**19.** Section 101.809 is amended by revising paragraph (d) to read as
follows:

**§ 101.809 Bandwidth and emission limitations.**

\* \* \* \* \*

\(d\) Maximum bandwidths in the following frequency bands must not
exceed the limits set forth below:

Maximum

Authorized

Frequency band Bandwidth

(MHz) (MHz)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3,700 to 4,200 \...\.... 20 /1/

5,925 to 6,425 \...\.... 30 /1/

6,425 to 6,525 \...\.... 25

10,700 to 12,200 \...\.... 40 /1/

13,200 to 13,250 \...\.... 25

21,200 to 23,600 \...\.... 50 /1/

/1/ The maximum bandwidth that will be authorized for each particular
frequency in this band is detailed in the appropriate frequency table in
§101.147.

\* \* \* \* \*

**20.** Section 101.815(a)(1) is revising to read as follows:

**§ 101.815 Stations at temporary fixed locations.**

\(a\) \* \* \*

\(1\) When a fixed station is to remain at a single location for less
than 6 months, the location is considered to be temporary.

\* \* \* \* \*

**21.** Section 101.1325 is amended by revising subsection (a) to read
as follows:

**§ 101.1325 Construction requirements.**

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

> \(a\) Incumbent and site-based licenses are subject to the
> construction requirements set forth in § 101.63.
>
> \* \* \* \* \*

**22.** Section 101.1333 is amended by revising subsection (c) to read
as follows:

**§ 101.1333 Interference protection criteria**

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

> \(c\) EA licensees are prohibited from exceeding a signal strength of
> 40 dBµV/m at incumbent licensees' 40.2 kilometer (25-mile) radius
> composite contour specified in § 101.1331(c).
>
> \* \* \* \* \*

**APPENDIX C: Final Regulatory Flexibility Analysis** (for *Report and
Order*)

1\. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. § 603 (RFA), an Initial Regulatory Flexibility Analysis (IRFA)
was incorporated in the *Part 101 MO&O and NPRM* in this
proceeding.[^293] The Commission sought written public comments on the
proposals in those proceedings, including on the IRFA. The Commission's
Final Regulatory Flexibility Analysis (FRFA) for the *Report and Order*
(*R&O*) conforms to the RFA.

**A. Need for and purpose of this action.**

2\. This *R&O* furthers the Commission's continuing efforts to eliminate
and/or modify regulations in Part 101 that are duplicative, outmoded, or
otherwise unnecessary. This action will (1) clarify the existing rules
so they are easier to understand, (2) facilitate the awarding of
licenses more quickly, and (3) eliminate unnecessary regulation.

**B. Summary of significant issues raised by public comments in response
to the IRFA.**

3\. Commenters did not file any comments in direct response to the IRFA.
Some commenters, however, raised issues that may be of particular
concern to small entities. The specific suggestions, modifications, and
deletions have been discussed above. We have reviewed the comments to
determine the impact of the decisions set forth herein on small
entities.

**C. Description and estimate of the number of small entities to which
the rules apply.**

4\. The rules will affect all common carrier and private operational
fixed microwave licensees who are authorized under Part 101 of the
Commission's Rules. The Commission has not developed a definition of
small entities applicable to these licensees. Therefore, the applicable
definition of small entity is the definition under the Small Business
Administration (SBA) rules for the radiotelephone industry, which
provides that a small entity is a radiotelephone company employing fewer
than 1,500 persons.[^294] The 1992 Census of Transportation,
Communications, and Utilities, conducted by the Bureau of the Census,
which is the most recent information available, shows that 12
radiotelephone firms out of a total of 1,178 such firms which operated
during 1992 had 1,000 or more employees.[^295] With respect to these
entities, we note that the effect will be to lessen time and input and
thereby any costs associated with processing their applications.

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

5\. There is only one new reporting requirement adopted in this *R&O*.
We are amending Section 101.31(b) to require that an application for
authority to operate a fixed station at temporary locations must specify
the precise geographic area within which the operation will be confined.
We will require that the area specified must be defined as a radius of
operation about a given state or states, latitude/longitude, or as a
rectangular area bounded by upper and lower lines of latitude and
longitude. This requirement previously was in our rules and
inadvertently deleted during recodification. Nothing in the record
indicates that the requirement was, or will be, burdensome to small
entities. Other than this, we have amended the fixed microwave rules to
make them less burdensome and clarified the language of some of the
rules.

**E. Significant alternatives considered.**

6\. The comments offered various alternatives for modification of
proposals contained in the notice of proposed rule making portion of the
*Part 101 MO&O and NPRM*. An additional alternative was to maintain the
*status quo*. Generally, the comments supported the proposals, but
offered changes to make the rules more clear and accurate. Some of the
suggested modifications are contained in the final rules. Aside from the
amendment of Section 101.31 highlighted above, the rules impose no
additional regulatory burdens. The Commission will continue to examine
alternatives in the future with the objective of eliminating unnecessary
regulations and minimizing economic impact on small business entities.

**F. Commission's outreach efforts to learn of and respond to the views
of small entities pursuant to 5 U.S.C. § 609.**

7\. In this proceeding, the Commission has taken several steps to learn
and respond to the views of small entities. Throughout the course of
this proceeding, representatives of the Public Safety and Private
Wireless Division (PSPWD) of the Wireless Telecommunications Bureau have
had numerous discussions with the representatives of small entities. The
staff of the Licensing and Technical Analysis Branch of the PSPWD in
Gettysburg, Pennsylvania routinely respond to questions posed by the
representatives of small entities and, when appropriate, refer issues
arising from those questions to PSPWD staff in Washington, D.C. for
determination of whether a rule change or clarification will benefit the
small entities posing the questions.

**G. Report to Congress.**

8\. The Commission shall send a copy of this Final Regulatory
Flexibility Analysis, along with the *Report and Order*, in a report to
Congress pursuant to Section 251 of the Small Business Regulatory
Enforcement Fairness Act of 1996, 5 U.S.C. § 801(a)(1)(A). A copy of
this FRFA will also be published in the Federal Register.

**APPENDIX D: Licensed Stations Operating Above 40 dBW in 10.6-10.68 GHz
Band**

  ----------------- --------- ---------- ----------- ------------ ------- ------- ----------- ------
  Licensee          Call Sign Latitude   Longitude   City         State   Path#   Frequency   EIRP
                                                                                              in dBW

  State of          WPOQ690   38-43-10   120-59-26   Rescue       CA      3       10653.125   40.7
  California                                                                                  

  Hawaii Public     WNES487   21-23-51   158-06-00   Nanakuli     HI      2       10623.750   40.5
  Radio Inc                                                                                   

  HLD Cellular      WPQT456   38-22-48   89-11-27    Richview     IL      1       10637.500   42.9
  Corp.                                                                                       

  Lewiston          WLV921    44-05-07   70-11-30    Lewiston     ME      1       10628.125   44.5
  Celltelco                                                                                   
  Partnership                                                                                 

  Los Angeles SMSA  WPNJ838   35-06-14   115-46-36   Baker        CA      4       10628.750   40.9
  Ltd Partnership                                                                             

  Los Angeles SMSA  WPNL371   35-26-10   115-55-29   Baker        CA      1       10678.750   40.9
  Ltd Partnership                                                                             

  Los Angeles SMSA  WPNL372   35-45-59   116-19-43   Baker        CA      1       10613.750   40.9
  Ltd Partnership                                                                             

  Los Angeles SMSA  WLN479    33-55-27   116-36-59   Whitewater   CA      1       10633.125   43.6
  Ltd Partnership                                                                             

  Los Angeles SMSA  WLV362    34-16-04   118-14-13   La Cresenta  CA      21      10641.250   42.5
  Ltd Partnership                                                                             

  PacificCorp       WPJD691   40-18-45   111-39-22   Orem         UT      1       10629.375   40.9

  Texaco            WNTJ926   34-18-08   119-16-09   Ventura      CA      3       10638.750   40.5
  Communications,                                                                             
  Inc.                                                                                        
  ----------------- --------- ---------- ----------- ------------ ------- ------- ----------- ------

[^1]: Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules
    to Establish a New Part 101 Governing Terrestrial Microwave Fixed
    Radio Services, *Report and Order*, WT Docket No. 94-148, 11 FCC Rcd
    13449 (1996) (*Part 101 R&O*).

[^2]: *See id.* at 13451-53 ¶¶ 2-6.

[^3]: Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules
    to Establish a New Part 101 Governing Terrestrial Microwave Fixed
    Radio Services, *Memorandum Opinion and Order and Notice of Proposed
    Rule Making*, WT Docket No. 94-148, 15 FCC Rcd 3129 (2000) (*Part
    101* *MO&O and NPRM*).

[^4]: *Id.* at 3131 ¶ 2.

[^5]: *Id*. The ULS was developed to eliminate the need for wireless
    carriers to file duplicative applications, and increase the accuracy
    and reliability of licensing information. *See* Biennial Regulatory
    Review \-- Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90,
    95, 97, and 101 of the Commission's Rules to Facilitate the
    Development and Use of the Universal Licensing System in the
    Wireless Telecommunications Services, *Report and Order*, WT Docket
    No. 98-20, 13 FCC Rcd 21027, 21031 ¶ 9 (1998) (*ULS Proceeding*);
    *see also* Biennial Regulatory Review \-- Amendment of Parts 0, 1,
    13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's
    Rules to Facilitate the Development and Use of the Universal
    Licensing System in the Wireless Telecommunications Services,
    *Notice of Proposed Rulemaking*, WT Docket No. 98-20, 13 FCC Rcd
    9672 (1998).

[^6]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3150-71 ¶¶ 36, 38-41,
    44-45, 47-51, 53-57, 61, 65-67, 69, 73-74, 77, 79, 81-84.

[^7]: TIA Petition for Rulemaking, RM-9418 (filed Mar. 5, 1998) ("TIA
    Petition").

[^8]: Part 101 defines microwave frequencies as those frequencies
    located at 890 MHz or above. *See* 47 C.F.R. § 101.3; *see also*
    Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules
    to Establish a New Part 101 Governing Terrestrial Microwave Fixed
    Radio Services, *Notice of Proposed Rulemaking*, WT Docket No.
    94-148, 10

    FCC Rcd 2508, 2509 n.2 (1994).

[^9]: Common carrier MAS are point-to-multipoint systems governed by
    Part 22 of the Rules. *See* 47 C.F.R. § 22.621; *see also* Amendment
    of the Commission's Rules Regarding Multiple Address Systems*,
    Further Notice of Proposed Rule Making*, WT Docket No. 97-81, 14 FCC
    Rcd 10744, 10744 n.2 (1999); Amendment of the Commission's Rules
    Regarding Multiple Address Systems, *Notice of Proposed Rule
    Making*, WT Docket No. 97-81, 12 FCC Rcd 7973, 7974 n.1 (1997).

[^10]: *Part 101 R&O*, 11 FCC Rcd at 13451 ¶ 2.

[^11]: *See, e.g.,* Amendment of Parts 1, 21, 22, 74 and 94 of the
    Commission's Rules to Establish Service and Technical Rules for
    Government and Non-government Fixed Service Usage of the Frequency
    Bands 932-935 MHz and 941-944 MHZ, *First Report and Order*, Gen.
    Docket No. 82-243, 6 FCC Rcd 4320 (1991); Establishment of a
    Spectrum Utilization Policy for the Fixed and Mobile Services' Use
    of Certain Bands Between 947 MHz and 40 GHz, *Third Report and
    Order*, Gen. Docket No. 82-334, 2 FCC Rcd 1050 (1987); Authorizing
    Private Carrier Systems in the Private Operational-Fixed Microwave
    Radio Service, *First Report and Order*, PR Docket No. 83-426, 57
    Rad. Reg. 2d (P&F) 1486 (1985); Use of Radio in Digital Termination
    Systems and in Point-to-Point Microwave Radio Systems for Provision
    of Digital Electronic Message and Other Specific Services, *Second
    Report and Order*, Gen. Docket No. 79-188, 54 Rad. Reg. 2d (P&F)
    1091 (1983); Amendment of Part 94 of the Commission's Rules and
    Regulations to Facilitate Operation of Low Power, Limited Coverage
    Systems in the 22.0-23.6 GHz Band, *First Report and Order*, PR
    Docket No. 79-337, 81 FCC 2d 140 (1980).

[^12]: *See* Redevelopment of Spectrum to Encourage Innovation in the
    Use of New Telecommunications Technologies, *Second Report and
    Order*, ET Docket No. 92-9, 8 FCC Rcd 6495 (1993).

[^13]: For a more comprehensive description of the microwave services
    and the history of this proceeding, see *Part 101 MO&O and NPRM*, 15
    FCC Rcd at 3134-36 ¶¶ 7-9.

[^14]: *See Part 101 R&O*, 11 FCC Rcd at 13451 ¶ 1, 13497-505; *see
    also* 47 C.F.R. § 101.3.

[^15]: *See* Rulemaking to Amend Parts 1, 2, 21, and 25 of the
    Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
    to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules
    and Policies for Local Multipoint Distribution Service and for Fixed
    Satellite Services, *Second Report and Order*, *Order on
    Reconsideration*, *and* *Fifth Notice of Proposed Rulemaking*, CC
    Docket No. 92-297, 12 FCC Rcd 12545 (1997); Rulemaking to Amend
    Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the
    27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz
    Frequency Band, to Establish Rules and Policies for Local Multipoint
    Distribution Service and for Fixed Satellite Services, *First Report
    and Order and Fourth Notice of Proposed Rulemaking*, CC Docket No.
    92-297, 11 FCC Rcd 19005 (1996).

[^16]: *See* Amendment of the Commission's Rules Regarding Multiple
    Address Systems, *Report and Order*, WT Docket No. 97-81, 15 FCC Rcd
    11956 (2000).

[^17]: *See Part 101 MO&O and NPRM*, 15 FCC Rcd at 3131-34 ¶¶ 1-6.

[^18]: *See id.* at 3138 at 13.

[^19]: *See id.* at 3141 ¶ 19.

[^20]: *See id.* at 3138-39 ¶ 14.

[^21]: *See id.* at 3132-33 ¶ 3.

[^22]: *See id.* at 3158-65 ¶¶ 58-73.

[^23]: *See id.* at 3160-63 ¶¶ 62-69.

[^24]: *See id.* at 3158-60 ¶¶ 59-61.

[^25]: *See id.* at 3163-65 ¶¶ 70-73.

[^26]: *See id.* at 3158 ¶ 58.

[^27]: *Part 101 R&O*, 11 FCC Rcd at 13466 ¶ 39.

[^28]: *Id.*

[^29]: *Id.* at 13467 ¶ 42. *See also* 47 C.F.R. § 101.603(b)(1).

[^30]: *Part 101 R&O*, 11 FCC Rcd at 13468 ¶ 43.

[^31]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3141 ¶ 19.

[^32]: *Id.* at 3150 ¶ 36.

[^33]: *Id*. at 3150 ¶ 37.

[^34]: *Id*.

[^35]: *Id*.

[^36]: *Id*.

[^37]: *See* 47 C.F.R. § 101.603(b)(1). *See also Part 101 MO&O and
    NPRM*, 15 FCC Rcd at 3150 ¶ 37.

[^38]: *See* Implementation of Sections 3(n) and 332 of the
    Communications Act, Regulatory Treatment of Mobile Services, *Second
    Report and Order*, GN Docket No. 93-252, 9 FCC Rcd 1411 (1994). *See
    also Part 101 MO&O and NPRM*, 15 FCC Rcd at 3150 ¶ 37.

[^39]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3150 ¶ 37.

[^40]: *Id*.

[^41]: *Id.* at 3150-51 ¶ 38. As noted in the *Part 101 MO&O and NPRM*,
    when the Commission reclassified many land mobile radio licensees as
    CMRS, it rendered some licensees that used microwave frequencies to
    transmit communications between base stations in their systems no
    longer eligible to use a POFS facility. *Id*. at 3150 ¶ 37.

[^42]: Nextel Communications, Inc. (Nextel) Comments at 4-6; United
    Telecom Council (UTC) Comments at 9-10; Fixed Wireless
    Communications Coalition (Fixed Wireless) Comments at 24-26; Stratos
    Offshore Services Company (Stratos) Comments at 17-18; American
    Petroleum Institute (API) Comments at 5; Arizona Public Service
    Company (APS) Comments at 2-3; South Carolina Electric & Gas (SCE&G)
    Reply Comments at 2-3.

[^43]: Nextel Comments at 4; *see also* Fixed Wireless Comments at 25.

[^44]: SBC Reply Comments at 3-4.

[^45]: *Id*.

[^46]: *Id*. at 3.

[^47]: Fixed Wireless Comments at 24-26; Nextel Comments at 4-6.

[^48]: We note that the leasing capacity from POFS licensees will not
    affect regulatory obligations of common carriers.

[^49]: *See* Principles for Promoting the Efficient Use of Spectrum by
    Encouraging the Development of Secondary Markets, *Policy
    Statement*, 15 FCC Rcd 24178 (2000); Promoting Efficient Use of
    Spectrum Through Elimination of Barriers to the Development of
    Secondary Markets, *Notice of Proposed Rule Making*, WT Docket No.
    00-230, 15 FCC Rcd 24203 (2000) (*Secondary Markets NPRM*).

[^50]: *See Secondary Markets NPRM*, 14 FCC Rcd at 24205 ¶ 3 (citing
    *Intermountain Microwave*, 12 FCC 2d 559 (1963)).

[^51]: We note, however, that all regulatory fees, such as those
    associated with Section 214 authorizations are still required.

[^52]: For example, we note that applicants seeking to become common
    carrier wireless licensees must comply with the foreign ownership
    restrictions in Section 310(b). In addition, carriers seeking to
    provide common carrier international services must have the
    appropriate authorization pursuant to Section 214 of the Act.

[^53]: We note that the Commission has completely detariffed the
    domestic the domestic interexchange services of CMRS providers and
    the international services of CMRS providers. *See* Implementation
    of Sections 3(n) and 332 of the Communications Act, Regulatory
    Treatment of Mobile Services, *Second Report and Order*, 9 FCC Rcd
    1411 (1994) (*CMRS Second Report and Order*). See Personal
    Communications Industry Association's Broadband Personal
    Communications Services Alliance's Petition for Forebearance for
    Broadband Personal Communications Services, *Memorandum Opinion and
    Order and Notice of Proposed Rulemaking*, 13 FCC Rcd 16857 (1998)
    (*CMRS Forebearance Order*). *See* In the Matter of 2000 Biennial
    Regulatory Review; Policy and Rules Concerning the International,
    Interexchange Marketplace, IB Docket No. 00-202, *Report and Order*,
    16 FCC Rcd 10647 (2001) (noting that CMRS carriers that do not
    provide services solely through the resale of the international
    switched services of an unaffiliated U.S. facilities-based carrier
    must maintain price and service information for those routes on
    which they are affiliated with foreign carriers that possess market
    power and collect settlement payments from U.S. carriers).

[^54]: 47 C.F.R. § 101.603(b)(3).

[^55]: Amendment of Part 94 of the Commission's Rules to Permit Private
    Video Distribution Systems of Video Entertainment Access to the 18
    GHz Band, *Report and Order*, 6 FCC Rcd 1270, 1271 ¶ 11 (1991).

[^56]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3155 ¶ 53.

[^57]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3155 ¶ 52 (citing CAI
    Petition at 2-4).

[^58]: API Comments at 9-10; SBC Reply Comments at 5. The Emerging
    Technologies proceeding identified 11 GHz as a prospective home for
    relocated microwave licensees required to vacate the 2 GHz band to
    accommodate other new licensees. Redevelopment of Spectrum to
    Encourage Innovation in the Use of New Telecommunications
    Technologies, *First Report and Order and Third Notice of Proposed
    Rule Making*, ET Docket No. 92-9, 7 FCC Rcd 6886 (1992).

[^59]: API Comments at 10 (citing Amendment of Section 2.106 of the
    Commission's Rules to Allocate Spectrums at 2 GHz for Use by the
    Mobile-Satellite Service, *Second Report and Order and Second
    Memorandum Opinion and Order,* ET Docket No. 95-18, 15 FCC Rcd 12315
    (2000)).

[^60]: API Comments at 10.

[^61]: SBC Reply Comments at 5.

[^62]: API Comments at 10 (citing Redesignation of the 17.7-19.7 GHz
    Frequency Band, Blanket Licensing of Satellite Earth Stations in the
    17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and the Allocation
    of Additional Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz
    Frequency Bands for Broadcast Satellite-Service Use, *Report and
    Order,* IB Docket No. 98-172, 15 FCC Rcd 13430 (2000)).

[^63]: API Comments at 10.

[^64]: Telenetics/SMI Comments at 4.

[^65]: Amendment of Parts 2 and 25 of the Commission's Rules to Permit
    Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial
    Systems in the Ku-Band Frequency Range; Amendment of the
    Commission's Rules to Authorize Subsidiary Terrestrial Use of the
    12.2-12.7 GHz Band By Direct Broadcast Satellite Licensees and Their
    Affiliates; and, Applications of Broadwave USA, PDC Broadband
    Corporation, and Satellite Receivers, Ltd. To Provide a Fixed
    Service in the 12.2-12.7 GHz Band, *First Report and Order and
    Further Notice of Proposed Rulemaking*, ET Docket No. 98-206,
    RM-9147, RM-9245, 16 FCC Rcd 4096, 4099 ¶ 2 (2000).

[^66]: A significant number of MMDS operators also have access to a
    total of 33 6 MHz channels via leasing arrangements with
    Instructional Television Fixed Service licensees. *See* 47 C.F.R. §
    74.931.

[^67]: *See* Report to Congress Pursuant to the Rural Local Broadcast
    Signal Act, *Report*, 16 FCC Rcd 578, 591 ¶ 28 (2001). Since the
    33-channel analog capacity of MMDS systems is generally not
    competitive with that of most cable systems, MMDS subscribership has
    declined. *Id*. In recent years, MMDS spectrum has been acquired
    with the intent of providing a "last mile" connection to homes for
    the provision of high-speed Internet access. *Id*. It remains
    unclear whether these licensees will continue to provide analog
    video service, upgrade to digital video service, or discontinue
    multichannel video service. *Id*.

[^68]: 47 C.F.R. § 101.5(b). Nodal station is defined as the central or
    controlling station in a radio system operating on
    point-to-multipoint frequencies in the 2.5, 10.6, or 18 GHz bands.
    47 C.F.R. § 101.3. DEMS User Station is defined as any one of the
    fixed microwave radio stations located at users' premises, lying
    within the coverage area of a Digital Electronic Message Nodal
    Station, and providing two-way digital communications with the
    Digital Electronic Message Nodal Station. *Id*.

[^69]: *See, e.g.,* Amendment of §§ 22.501(g)(2) and 94.65(a)(1) of the
    Rules and Regulations to Re-Channel the 900 MHz Multiple Address
    Frequencies, *Report and Order*, PR Docket No. 87-5, 3 FCC Rcd 1564,
    1565 (1988). A remote station is defined as a fixed station in a
    multiple address radio system that transmits one-way to one or more
    central receive sites, controls a master station, or is controlled,
    activated or interrogated by, and may respond to, a master station.
    47 C.F.R. § 101.3. A master station is defined as a station in a
    multiple address radio system that controls, activates or
    interrogates four or more remote stations. Master stations
    performing such functions may also receive transmissions from remote
    stations. *Id*.

[^70]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3152 ¶ 41.

[^71]: APS Comments at 3.

[^72]: *See* 47 C.F.R. § 101.3. *See also* Amendment of the Commission's
    Rules Regarding Multiple Address Systems, *Report and Order*, WT
    Docket No. 97-81, 15 FCC Rcd 11956, 11999 ¶¶ 101-105 (2000) (*MAS
    Report and Order*). Previously, the multiple address system
    definition required a minimum of four unique remote stations. The
    MAS proceeding eliminated the minimum four remote requirement. *Id*.
    Current permissible MAS uses include point-to-point and
    point-to-multipoint operations.

[^73]: *See* 5 U.S.C. § 553(b)(A), (B).

[^74]: *See* 47 C.F.R. § 101.31(a)(3)-(5).

[^75]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3152 ¶ 42.

[^76]: *Id.*

[^77]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3152 ¶ 43 (citing
    Amendment of Part 94 of the Commission's Rules and Regulations to
    Facilitate Operation of Low Power, Limited Coverage Systems in the
    22.0-23.6 GHz, *First Report and Order*, PR Docket No. 79-337, 81
    FCC 2d 140 (1980); Amendment of Part 94 of the Commission's Rules
    and Regulations to Facilitate Operation of Low Power, Limited
    Coverage Systems in the 22.0-23.6 GHz, *Memorandum Opinion and
    Order*, Gen. Docket No. 79-337, 87 FCC 2d 1090 (1981); Amendment of
    Part 94 of the Commission's Rules and Regulations to Facilitate
    Operation of Low Power, Limited Coverage Systems in the 22.0-23.6
    GHz, *Second Report and Order*, Gen. Docket No. 79-337, 94 FCC 2d 32
    (1983)).

[^78]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3152 ¶ 43.

[^79]: 47 C.F.R. § 101.147(b)(6).

[^80]: 47 C.F.R. § 101.31(b) (formerly 47 C.F.R. § 101.31(e)).

[^81]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3153 ¶ 44.

[^82]: SCE&G Reply Comments at 3-4; Commonwealth Edison Company
    (Commonwealth Edison) Reply Comments at 2.

[^83]: *See* APS Comments at 3.

[^84]: SCE&G Reply Comments at 4.

[^85]: APS Comments at 4-5.

[^86]: *See* 47 C.F.R. § 101.31(a).

[^87]: *See Part 101 MO&O and NPRM**, ***15 FCC Rcd at 3152 ¶ 42.

[^88]: We will not apply this requirement to applications filed before
    the effective date of this rule.

[^89]: *See* National Spectrum Managers Association (NSMA) Comments at
    16; Fixed Wireless Comments at 18; Alcatel USA, Inc. (Alcatel)
    Comments at 24.

[^90]: The frequency pairs are 21.825/23.025 GHz, 21.875/23.075 GHz,
    21.925/23.125 GHz, and 21.975/23.175 GHz.

[^91]: We are also modifying the power reference to reference EIRP
    instead of effective radiated power (ERP). *See infra* ¶ 71.

[^92]: UTC Comments at 10. *See also* API Comments at 6.

[^93]: We also take this opportunity to delete from Section 101.31(b)
    references to the "Certification Form," FCC Form 415T, because the
    form no longer exists.

[^94]: *Part 101 MO&O and NPRM,* 15 FCC Rcd at 3153 ¶ 45.

[^95]: 47 C.F.R. § 101.113(a).

[^96]: *See* Amendment of Part 2 of the Commission's Rules Regarding
    Implementation of the Final Acts of the World Administrative Radio
    Conference, Geneva, 1979, *Second Report and Order*, Gen. Docket No.
    80-739, FCC 83-511 (rel. Dec. 8, 1983).

[^97]: 47 C.F.R. § 2.106.

[^98]: *See* Amendment of Part 2 of the Commission's Rules Regarding
    Implementation of the Final Acts of the World Administrative Radio
    Conference, Geneva, 1979, *Second Report and Order*, Gen. Docket No.
    80-739, FCC 83-511 (rel. Dec. 8, 1983).

[^99]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3153 ¶ 45.

[^100]: NSMA Comments at 21-22; Alcatel Comments at 32; Fixed Wireless
    Comments at 27.

[^101]: NSMA Comments at 22; Alcatel Comments at 33; Fixed Wireless
    Comments at 27-28. Under this proposal, transmitters only would
    exceed the 40 dBW level during short periods of multipath or rain
    fading. ATPC is a feature of a digital microwave radio system that
    adjusts the transmitter output power. ATPC allows the transmitter to
    operate at less than maximum power for most of the time. In a radio
    employing ATPC, the transmit power is reduced during normal
    operation conditions. When the receiver detects a reduction in
    signal level, a control signal is sent to the far end transmitter,
    instructing it to increase the power output to compensate for the
    signal reduction. The power output is limited to the licensed
    (maximum) transmit power. Guidelines for use of ATPC are set forth
    in the TIA Telecommunications Systems Bulletin TSB 10. "Interference
    Criteria for Microwave Systems (TSB 10). 47 C.F.R. § 101.3.

[^102]: The eleven stations are listed in Appendix F. Our records reveal
    that there are 3354 active stations in the 10.55-10.68 GHz band.

[^103]: Any applications pending when the rule takes effect that seek
    authorization to operate in the 10.6-10.68 GHz band with an EIRP
    over 40 dBW will be granted, but with an authorized EIRP of 40 dBW.

[^104]: 47 C.F.R. § 101.115(b). The substance of 47 C.F.R. § 101.115(b)
    was carried over from Part 21. *See* 47 C.F.R. § 21.108(b) (1995).

[^105]: 47 C.F.R. § 101.101.

[^106]: 47 C.F.R. § 101.115(c) n.2.

[^107]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3153-54 ¶ 46.

[^108]: 47 C.F.R. § 101.117.

[^109]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3154 ¶ 47 (citing
    Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules
    to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the
    29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for
    Local Multipoint Distribution Service and for Fixed Satellite
    Services, *Second Report and Order*, *Order on Reconsideration*,
    *and Fifth Notice of Proposed Rulemaking*, CC Docket No. 92-297, 12
    FCC Rcd 12545, 12666 (1997).

[^110]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3154 ¶ 47.

[^111]: *Id*.

[^112]: Motorola, Inc. (Motorola) Comments at 2-3.

[^113]: *Id*. at 3.

[^114]: *Id*.

[^115]: *Id.* at 3.

[^116]: *Id*. at 4.

[^117]: *Id*. at 4.

[^118]: Comsearch Comments at 3.

[^119]: NSMA Reply Comments at 12 (citing API Comments at 8 (permitting
    rotated linear polarization on a widespread basis will create
    unnecessary coordination difficulties and threaten harmful
    interference to other licensed operations)); *see also* Alcatel
    Reply Comments at 17.

[^120]: Comsearch Comments at 4; API Comments at 8.

[^121]: APS Comments at 5.

[^122]: *See* Rulemaking to Amend Parts 1, 2, 21, and 25 of the
    Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
    to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules
    and Policies for Local Multipoint Distribution Service and for Fixed
    Satellite Services, *Second Report and Order*, *Order on
    Reconsideration*, *and Fifth Notice of Proposed Rulemaking*, CC
    Docket No. 92-297, 12 FCC Rcd 12545, 12665-66 ¶¶ 282-84 (1997).

[^123]: *Id*. at 3154 ¶ 49.

[^124]: *See* Revision and Update of Part 22 of the Public Mobile Radio
    Service Rules, *Report and Order*, CC Docket No. 80-57, 95 FCC 2d
    769 (1983).

[^125]: *See MAS Report and Order*, 15 FCC Rcd 11956; Amendment of the
    Commission's Rules Regarding Multiple Address Systems, *Erratum*, WT
    Docket No. 97-81, 15 FCC Rcd 16415 (2000).

[^126]: 47 C.F.R. §§ 101.147(k), 101.803(e).

[^127]: 47 C.F.R. § 101.507.

[^128]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3155 ¶ 50.

[^129]: 47 C.F.R. § 101.815(a)(1).

[^130]: 47 C.F.R. § 101.815(a)(2). We note that Section 101.815(a)(2)
    states that applications for permanent authorization for stations at
    temporary locations must be filed at least 30 days prior to the end
    of the six-month period. We nonetheless encourage applicants to
    submit their applications for permanent authorization as early as
    possible in the six-month period, to ensure timely processing.

[^131]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3155 ¶ 51.

[^132]: *Id*.

[^133]: 47 C.F.R. § 101.111(a)(2)(ii)-(iii). P = percent removed from
    the carrier frequency, and B = authorized bandwidth in MHz.

[^134]: *See Part 101 MO&O and NPRM*, 15 FCC Rcd at 3157 ¶ 54.

[^135]: *See* 47 C.F.R. § 101.109(c).

[^136]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3157 ¶ 55.

[^137]: *Id*.

[^138]: *Id*. at 3157 ¶ 56 (citing Letter from David E. Hilliard and
    Thomas S. Dombrowsky, Jr., Wiley, Rein & Fielding, counsel for
    Bosch, to Thomas J. Sugrue, Chief, Wireless Telecommunications
    Bureau, at 3-5 (Jan. 27, 1999)).

[^139]: *See* 47 C.F.R. § 101.139(a).

[^140]: *See Part 101 MO&O and NPRM*, 15 FCC Rcd at 3157-58 ¶ 57.

[^141]: *Compare* 47 C.F.R. § 2.952 *with* 47 C.F.R. § 2.1053.

[^142]: *See, e.g.,* Motorola Comments at 4-6; Winstar Communications
    Inc. (Winstar) Comments at 6-7; Alcatel Comments at 26-29.

[^143]: Winstar Comments at 6-7.

[^144]: *Id*. at 7.

[^145]: Alcatel Comments at 26-27; *see also* NSMA Comments at 18; Fixed
    Wireless Comments at 20; NSMA Reply Comments at 18; Alcatel Reply
    Comments at 23.

[^146]: Motorola Comments at 5.

[^147]: *See id*. at 4.

[^148]: *See* Motorola Reply Comments at 2 (citing NSMA Comments at 18;
    Fixed Wireless Comments at 20-21; Alcatel Comments at 26-29; Winstar
    Comments at 6-7).

[^149]: *See* Motorola Reply Comments at 2-3.

[^150]: *See id*. at 3.

[^151]: Motorola Comments at 5.

[^152]: *See id*. at 5 (citing 47 C.F.R. §§ 24.238, 27.53, 90.669,
    90.691).

[^153]: 47 C.F.R. § 101.111(a)(2)(iv).

[^154]: Motorola Comments at 5.

[^155]: *See* Triton Network Systems (TNS) Comments at 2-3; Giganet
    Wireless Systems, Inc. (Giganet) Comments at 5; Winstar Comments at
    7; NSMA Comments at 19; Fixed Wireless Comments at 21; Alcatel
    Comments at 29; NSMA Rely Comments at 17; Alcatel Reply Comments at
    22; Teligent, Inc. (Teligent) Reply Comments at 2-3.

[^156]: *See* TNS Comments at 2-3.

[^157]: *See* Teligent Reply Comments at 2-3.

[^158]: 47 C.F.R. § 101.147(r)(9). DEMS operations are still permitted
    in the 10.55-10.68 GHz band.

[^159]: *See*, *e.g.,* 47 C.F.R. §§ 101.107, 101.109, 101.113.

[^160]: TIA also proposed rule changes to Part 74, Television Broadcast
    Auxiliary Service, to permit transport of digital transmissions over
    point-to-point microwave frequencies in that service, but these
    proposals are beyond the scope of this proceeding and will be
    handled in a separate proceeding. *See* Part 74 Rewrite, 16 FCC Rcd
    10556.

[^161]: *See* TIA Petition at 2-3.

[^162]: *See id.* at 16-18.

[^163]: *See id.* at 18-19.

[^164]: *See id.* at 19-20.

[^165]: *See id.* at 20-22.

[^166]: *See id.* at 22-24.

[^167]: *See id.* at 2-3.

[^168]: 47 C.F.R. § 1.2113. *See* Amendment of the Commission's Rules to
    Establish New Personal Communications Services, Narrowband;
    Implementation of Section 309(j) of the Communications Act -
    Competitive Bidding, Narrowband PCS, Gen. Docket No. 90-314, ET
    Docket No. 92-100, PP Docket No. 93-253, *Second Report and Order
    and Second Further Notice of Proposed Rule Making*, 15 FCC Rcd
    10456, 10489-90 ¶ 79 (2000) (*PCS Second R&O and SFNPRM)*. *See
    also* Amendment of Part 1 of the Commission's Rules - Competitive
    Bidding Procedures, *Third Report and Order and Second Further
    Notice of Proposed Rule Making*, WT Docket No. 97-82, 13 FCC Rcd
    374, 469-70 ¶ 168 (1997) (*Part 1 R&O and SFNPRM*)*.*

[^169]: *Part 1 R&O and SFNPRM*, 13 FCC Rcd at 470 ¶ 169.

[^170]: *PCS Second R&O and SFNPRM*, 15 FCC Rcd at 10489-90 ¶ 79; *Part
    1 R&O and SFNPRM*, 13 FCC Rcd at 470 ¶ 169.

[^171]: *Id*.

[^172]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3158 ¶ 59.

[^173]: *Part 101 R&O*, 11 FCC Rcd at 13462-63 ¶ 28. The agencies have
    reached agreements concerning conditional licensing in other bands,
    but not regarding the 23 GHz band. *See* Reorganization and Revision
    of Parts 1, 2, 21 and 94 of the Rules to Establish a New Part 101
    Governing Terrestrial Microwave Fixed Radio Services, *Order*, WT
    Docket No. 94-148, 13 FCC Rcd 4394 (WTB/OET 1998); Amendment of the
    Commission's Rules to Relocate the Digital Electronic Message
    Service From the 18 GHz Band to the 24 GHz Band and to Allocate the
    24 GHz Band for Fixed Service, *Order*, ET Docket No. 97-99, 13 FCC
    Rcd 3581 (1997).

[^174]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3159-60 ¶ 61.

[^175]: *See* TIA Petition at 15.

[^176]: Letter from William T. Hatch, Chairman, Interdepartment Radio
    Advisory Committee, National Telecommunications and Information
    Administration, United States Department of Commerce to Fred Thomas,
    Liaison Representative, Office of Engineering and Technology,
    Federal Communications Commission, dated February 19, 1999 (Hatch
    Letter).

[^177]: NTIA indicates that given the nature of Federal operations in
    the 23 GHz band, maintaining the confidentiality of this portion of
    the database is necessary. We note that, unlike in the Private Land
    Mobile Radio Services, the Commission does not certify or otherwise
    qualify entities to act as microwave frequency coordinators. *See*
    Amendment of the 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 Systems, Including Third
    Generation Wireless Systems, *Notice of Proposed Rule Making and
    Order*, ET Docket No. 00-258, 16 FCC Rcd 596, 619 ¶ 56 (2001).

[^178]: *See, e.g.,* Consolidated Spectrum Services (Consolidated)
    Comments at 1; Giganet Comments at 2; Winstar Comments at 9; NSMA
    Comments at 14; Fixed Wireless Comments at 15-16; Alcatel Comments
    at 20-21.

[^179]: TIA Petition at 15. In order to minimize any adverse impact that
    these new rules would have on licensees of existing systems and on
    equipment manufacturers, TIA proposes that the Commission establish
    an 18-month transition period before manufacturers would be required
    to meet the new standards, and a 24-month transition period before
    new installations would have to meet the new standards. *Id*. at 16
    n.23. Under TIA's proposal, fixed microwave service stations applied
    for or licensed by the end of the transition period would be
    grandfathered indefinitely under the current rules, provided that
    they do not cause harmful interference to other licensees. *Id*.

[^180]: TIA Petition at 16.

[^181]: *See id.*

[^182]: *See id*. at 17.

[^183]: *See id.*

[^184]: *See id.*

[^185]: *See id.* at 17-18.

[^186]: *See id.* at 18. The frequencies selected for narrowband
    channels are the highest numbered channels in the common carrier and
    POFS segments of the 23 GHz band, which TIA states are the least
    congested frequencies in the band since frequency planners tend to
    select the lowest numbered frequencies first. *Id.* at 18 n.28.

[^187]: *Id.* at 18 n.27.

[^188]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3161 ¶ 65.

[^189]: *See* 47 C.F.R. § 101.147(s).

[^190]: *Part 101* *MO&O and NPRM*, 15 FCC Rcd at 3161 ¶ 65.

[^191]: Telenetics Corporation and Southwest Microwave, Inc.
    (Telenetics/SMI) Comments at 7; Consolidated Comments at 2; Giganet
    Comments at 4-5; Winstar Comments at 8; Comsearch Comments at 4-5;
    NSMA Comments at 7; Fixed Wireless Comments at 7-8; Alcatel Comments
    at 9; NSMA Reply Comments at 4-5; Alcatel Reply Comments at 4-5.

[^192]: NSMA Comments at 7; Fixed Wireless Comments at 7.

[^193]: Comsearch Comments at 4.

[^194]: 47 C.F.R. § 101.107(a).

[^195]: TIA Petition at 18-19.

[^196]: *Id.* at 19.

[^197]: *Id.*

[^198]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3161 ¶ 66.

[^199]: Giganet Comments at 4; Comsearch Comments at 5; NSMA Comments at
    8-9; Fixed Wireless Comments at 8-9; Alcatel Comments at 12-13

[^200]: Giganet Comments at 4; Comsearch Comments at 5. Providing an
    example, Giganet states that only an occupied bandwidth of up to 36
    MHz would be feasible in the 50 MHz channels, and channels less than
    15 MHz could not be used at all by radios with such low stability.

[^201]: NSMA Comments at 8; Fixed Wireless Comments at 8-9; Alcatel
    Comments at 12; Comsearch Comments at 5.

[^202]: Fixed Wireless Comments at 9.

[^203]: NSMA Comments at 8; Fixed Wireless Comments at 9; Alcatel
    Comments at 12-13; Comsearch Comments at 5.

[^204]: Telenetics/SMI Comments at 4; API Reply Comments at 7-8.

[^205]: Telenetics/SMI Comments at 4.

[^206]: Consolidated Comments at 2.

[^207]: *Id.*

[^208]: Telenetics/SMI Comments at 4.

[^209]: *Id*.

[^210]: *See* TIA Petition at 19.

[^211]: *See* 47 C.F.R. § 101.141(a).

[^212]: *See* TIA Petition at 20.

[^213]: *See Part 101 MO&O and NPRM*, 15 FCC Rcd at 3162 ¶ 67.

[^214]: *See* NSMA Comments at 9-10.

[^215]: *See id.* at 10; Fixed Wireless Comments at 10-11.

[^216]: *See* NSMA Comments at 9-11; Fixed Wireless Comments at 10-11.

[^217]: *See* Telenetics/SMI Comments at 2, 4-5.

[^218]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3162 ¶ 68 (citing TIA
    Petition at 20).

[^219]: *See* TIA Petition at 20-21. TIA would reserve these additional
    200 GHz frequencies primarily for narrowband systems, but permit
    wideband systems also if no other appropriate frequencies are
    available. *See id.* at 21 n.31.

[^220]: *See id.* at 21-22.

[^221]: 47 C.F.R. § 101.147(s)(1).

[^222]: ERP is a term of reference to dipole, yagi, or other base and
    mobile antennas, while EIRP refers to isotropic radiators such as
    parabolic microwave antennas. The difference between 55 dBW ERP and
    55 dBW EIRP is 2.15 dB.

[^223]: 47 C.F.R. § 101.147(s)(3).

[^224]: 47 C.F.R. § 101.147(s)(5)-(6).

[^225]: 47 C.F.R. § 101.147(s)(7).

[^226]: *See, e.g.,* Telenetics/SMI Comments at 6; Alcatel Comments at
    15.

[^227]: *See* Consolidated Comments at 3.

[^228]: *See* Comsearch Comments at 5-6.

[^229]: *See id.*

[^230]: *See id.* at 5; Alcatel Reply Comments at 13-14; NSMA Comments
    at 11-12; Fixed Wireless Comments at 11-12; API Comments at 11-13.

[^231]: *See* NSMA Comments at 11-12; Alcatel Comments at 15-16; Fixed
    Wireless Comments at 11-12; API Comments at 13.

[^232]: *Supra* ¶ 23.

[^233]: *See* TIA Petition at 22.

[^234]: *See* 47 C.F.R. §§ 101.115, 101.147(s).

[^235]: *Part 101 R&O*, 11 FCC Rcd at 13474 n.106.

[^236]: *See* TIA Petition at 23.

[^237]: *See id.* at 23-24; TIA Reply Comments at 7.

[^238]: The 0.46-meter (18-inch) diameter antenna would qualify under
    Category A and the 0.30-meter (1-foot) diameter antennas would
    qualify under Category B. *See* TIA Petition at 24.

[^239]: *See id.* at 24-25; TIA Reply Comments at 7.

[^240]: This proposal is consistent with the Commission's decision
    regarding directional antennas. *See* Amendment of Parts 74, 78, 101
    of the Commission's Rules to Adopt More Flexible Standards for
    Directional Microwave Antennas, *Report and Order*, ET Docket No.
    96-35, 12 FCC Rcd 1016, 1035 (1997).

[^241]: *See* 47 C.F.R. § 101.115 (1996).

[^242]: These new radiation standards would permit use of a shrouded
    0.61 meter (2-foot) high performance antenna to meet Category B
    specifications and an unshrouded 1.22 meter (4-foot) standard
    antenna to meet Category A specifications. *See* TIA Petition at 25.

[^243]: *See Part 101 MO&O and NPRM*, 15 FCC Rcd at 3164-65 ¶¶ 71-73.

[^244]: *See* Telenetics/SMI Comments at 7; Giganet Comments at 5;
    Comsearch Comments at 6-8; Alcatel Comments at 17-18; Fixed Wireless
    Comments at 12-14; NSMA Reply Comments at 11-12; Alcatel Reply
    Comments at 14-15.

[^245]: *See* Telenetics/SMI Comments at 7.

[^246]: *See* Giganet Comments at 5.

[^247]: Alcatel Reply Comments at 15 (citing Comsearch Comments at 6).

[^248]: Alcatel Reply Comments at 15 (citing Comsearch Comments at 6-7).

[^249]: Alcatel Reply Comments at 15-16 (citing Comsearch Comments at
    7).

[^250]: Alcatel Reply Comments at 16 (citing Comsearch Comments at 7).

[^251]: Alcatel Reply Comments at 16 (citing Comsearch Comments at 7).

[^252]: Alcatel Reply Comments at 16 (citing Comsearch Comments at 7).

[^253]: *See* Comsearch Comments at 8; *see also* Alcatel Reply Comments
    at 15.

[^254]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3165-70 ¶¶ 74-82.

[^255]: Pub. L. No. 105-33, Title III, 111 Stat. 251 (1997).

[^256]: Section 309(j)(6)(E) states that, in determining the
    auctionability of applications, the Commission has the "obligation
    in the public interest to continue to use engineering solutions,
    negotiation, threshold qualifications, service regulations, and
    other means to avoid mutual exclusivity in application and licensing
    proceedings." 47 U.S.C. § 309(j)(6)(E).

[^257]: *See* 47 U.S.C. § 309(j)(1)-(2). Section 309(j) formerly stated
    that mutually exclusive applications for initial licenses or
    construction permits were auctionable if the principal use of the
    spectrum was for subscriber-based services and competitive bidding
    would promote the expressed objectives of the Communications Act.
    *See* 47 U.S.C. § 309(j)(2) (1996).

[^258]: Currently, licensing of general Part 101 frequencies is based on
    the specific use of specific frequencies, and applicants are
    responsible for coordinating interference issues prior to filing a
    license application. Consequently, under the current licensing
    scheme, mutually exclusive situations rarely, if ever occur. *See
    Part 101 MO&O and NPRM*, 15 FCC Rcd at 3166 ¶ 75.

[^259]: *See*, *e.g.*, Alcatel Comments at 30-31; API Comments at 17-18;
    APS Comments at 6; Association of Public Safety Communications
    Officials-International, Inc. Comments at 4-5; Fixed Wireless
    Comments at 23-24; City of Long Beach, California Comments at 5;
    Satellite Industry Association Comments at 10-11; UTC Comments at 4;
    Winstar Comments at 10.

[^260]: Implementation of Sections 309(j) and 337 of the Communications
    Act of 1934 as Amended, *Memorandum Opinion and Order*, WT Docket
    99-87, FCC 02-82 (rel. Apr. 18, 2002) (*BBA MO&O*); Implementation
    of Sections 309(j) and 337 of the Communications Act of 1934 as
    Amended, *Report and Order and Further Notice of Proposed Rule
    Making*, WT Docket No. 99-87, 15 FCC Rcd 22709 (2000) (*BBA R&O and
    FNPRM*).

[^261]: *BBA R&O and FNPRM*, 15 FCC Rcd at 22740-52 ¶¶ 63-87; *see also
    BBA MO&O*, ¶¶ 19-41.

[^262]: *But see* The 4.9 GHz Band Transferred from Federal Government
    Use, *Second Report and Order and Further Notice of Proposed Rule
    Making*, WT Docket No. 00-32, 17 FCC Rcd 3955, 3976 ¶ 45 (2002)
    (seeking comment on whether the 4.9 GHz band should be a public
    safety radio service).

[^263]: 47 U.S.C. § 160(a)(1)-(3).

[^264]: *See Part 101 MO&O and NPRM*, 15 FCC Rcd at 3171 ¶ 83.

[^265]: *See* Winstar Comments at 2.

[^266]: *See* 47 C.F.R. § 101.215.

[^267]: *See* 47 C.F.R. § 101.217.

[^268]: *See* Winstar Comments at 2.

[^269]: *See* 47 C.F.R. § 101.149(b).

[^270]: *See* Winstar Comments at 2.

[^271]: *See id.*

[^272]: *Id.* at 4.

[^273]: As part of an extensive review and revision of the Commission's
    Rules in 1998, Winstar asked the Commission to amend Sections
    101.149(b), 101.215, and 101.217 to exempt geographic licensees from
    the very same information-posting and record-keeping requirements
    presently under consideration. *See ULS Proceeding*, 13 FCC Rcd at
    21099-21100 ¶ 164.

[^274]: *Id.* at 21100 ¶ 164.

[^275]: *Id.* The Commission imposes similar record-keeping requirements
    upon geographic licenses under Part 90 of the Commission's Rules.
    *See* 47 C.F.R. §§ 90.443-90.447.

[^276]: *ULS Proceeding*, 13 FCC Rcd at 21100 ¶ 164.

[^277]: *See* Winstar Comments at 4.

[^278]: *See id.* at 4-5. Winstar reasons that, because most equipment
    is installed on a "building by building basis" and is located in
    areas of buildings that are generally inaccessible to the public,
    "one could simply contact the building engineer for information
    about the communications companies operating in the building." *Id.*
    at 4.

[^279]: *See id.* at 5. Winstar contends that "any person with internet
    access" could rely on the ULS to determine the identity of the
    geographic licensee and to create customized maps to view the market
    areas of a geographic licensee. *See id.*

[^280]: *See, e.g.*, *ULS Proceeding*, 13 FCC Rcd at 21092-93 ¶¶ 145-48,
    21099-21100 ¶ 164.

[^281]: *See, e.g., id.* at 21093 ¶ 148, 21097 ¶ 159, 21099-21100 ¶ 164.

[^282]: *See id.* at 21099-21100 ¶ 164.

[^283]: *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3171 ¶ 84.

[^284]: Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz
    and 38.6-40.0 GHz Bands; Implementation of Section 309(j) of the
    Communications Act \-- Competitive Bidding, 37.0-38.6 GHz and
    38.6-40.0 GHz, *Report and Order and Second Notice of Proposed Rule
    Making*, 12 FCC Rcd 18600, 18613-15 ¶¶ 20-25 (1997) (*39 GHz
    Order*).

[^285]: *See MAS Report and Order*, 15 FCC Rcd at 11999 ¶ 103.
    Specifically, MAS geographic licensees may engage in mobile
    operations, but only mobile master stations (not mobile remote
    stations) may be used by site-based licensees. Amendment of the
    Commission's Rules Regarding Multiple Address Systems, *Memorandum
    Opinion and Order*, WT Docket No. 97-81, 16 FCC 12181, 12194-95 ¶¶
    30-33 (2001). *See also infra*, ¶ 109.

[^286]: *39 GHz Order*, 12 FCC Rcd at 18614 ¶ 23; *MAS* *Report and
    Order*, 15 FCC Rcd at 11999-12000 ¶¶ 101-05.

[^287]: API Comments at 19; APS Comments at 9. APS also opposes
    permitting point-to-multipoint operations. APS Comments at 9. No
    other party commented regarding such operations.

[^288]: API Comments at 19; APS Comments at 9.

[^289]: API Comments at 19.

[^290]: SCG&E Reply Comments at 4; Commonwealth Reply Comments at 2-3.

[^291]: *39 GHz Order*, 12 FCC Rcd at 18615 ¶ 25.

[^292]: *See* 5 U.S.C. § 604.

[^293]: ^1^ *Part 101 MO&O and NPRM*, 15 FCC Rcd at 3176-77, Appendix B.

[^294]: ^2^ 13 C.F.R. § 121.201, Standard Industrial Classification
    (SIC) Code 4812.

[^295]: ^3^ U.S. Bureau of the Census, U.S. Department of Commerce, 1992
    Census of Transportation, Communications, and Utilities, UC92-S-1,
    Subject Series, Establishment and Firm Size, Table 5, Employment
    Size of Firms: 1992, SIC Code 4812 (issued May 1995).