Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | WT Docket No. 02-146         |
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| Allocations and Service Rules    | ) | RM-10288                     |
| for the 71-76 GHz, 81-86 GHz and | * |                              |
| 92-95 GHz Bands                  | * |                              |
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| Loea Communications Corporation  | * |                              |
| Petition for Rulemaking          | * |                              |
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+----------------------------------+---+------------------------------+

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: June 13, 2002 Released: June 28, 2002**

**Comment Date:** 90 days after publication in the Federal Register

**Reply Comment Date:** 135 days after publication in the Federal
Register

By the Commission: Commissioners Abernathy, Copps and Martin issuing
separate statements.

TABLE OF CONTENTS

*Paragraph \#*

I.

I. INTRODUCTION AND EXECUTIVE SUMMARY
[3](#introduction-and-executive-summary)

II\. BACKGROUND [4](#background)

III\. DISCUSSION [7](#discussion)

A. Allocation Proposals [8](#allocation-proposals)

1\. Overview [8](#overview)

2\. 71-76 GHz [10](#ghz)

3\. 81-86 GHz [13](#ghz-1)

4\. 92-95 GHz [15](#ghz-2)

5\. RAS Protection in the 81-86 GHz, 92-94 GHz, and 94.1-95 GHz Bands
[17](#ras-protection-in-the-81-86-ghz-92-94-ghz-and-94.1-95-ghz-bands)

B. Band Plan [18](#band-plan)

1\. 92-95 GHz Band [19](#ghz-band)

2\. 71-76 GHz and 81-86 GHz Bands [22](#ghz-and-81-86-ghz-bands)

C. Proposed Service Rules for Unlicensed Bands
[25](#proposed-service-rules-for-unlicensed-bands)

D. Proposed Rules for Licensed Bands
[25](#proposed-rules-for-licensed-bands)

1\. Introduction [25](#introduction)

2\. Operational Rules [26](#operational-rules)

a\) Geographic Area Licensing [26](#geographic-area-licensing)

b\) Eligibility [29](#eligibility)

\(1\) Foreign Ownership [29](#foreign-ownership)

\(2\) Eligibility Restrictions [30](#eligibility-restrictions)

\(3\) Band Managers [31](#band-managers)

c\) Canadian and Mexican Coordination
[33](#canadian-and-mexican-coordination)

d\) License Term and Renewal Expectancy
[33](#license-term-and-renewal-expectancy)

e\) Construction and Coverage Requirements
[35](#construction-and-coverage-requirements)

f\) Individual Station Licenses [36](#individual-station-licenses)

g\) Application of Title II Requirements to Common Carriers
[36](#application-of-title-ii-requirements-to-common-carriers)

h\) Partitioning and Disaggregation
[37](#partitioning-and-disaggregation)

3\. Technical and Operational Rules
[38](#technical-and-operational-rules)

a\) Regulation Under Part 101 [38](#regulation-under-part-101)

b\) Technical Rules [39](#technical-rules)

4\. Licensing Rules and Procedures [42](#licensing-rules-and-procedures)

a\) Incorporation by Reference of Part 1 of the Wireless
Telecommunications Services Application and Procedural Rules
[42](#incorporation-by-reference-of-part-1-of-the-wireless-telecommunications-services-application-and-procedural-rules)

b\) Competitive Bidding [42](#competitive-bidding)

\(1\) Assignment of Licenses [42](#assignment-of-licenses)

\(2\) Incorporation by Reference of the Part 1 Standardized Auction
Rules
[45](#incorporation-by-reference-of-the-part-1-standardized-auction-rules)

\(3\) Designated Entity Provisions [45](#designated-entity-provisions)

c\) Application Processing [47](#application-processing)

D. PROCEDURAL MATTERS [48](#procedural-matters)

1\. Initial Regulatory Flexibility Analysis
[48](#initial-regulatory-flexibility-analysis)

2\. Paperwork Reduction Analysis [48](#paperwork-reduction-analysis)

*3.* *Ex Parte* Rules -- Permit-But-Disclose Proceedings
[49](#ex-parte-rules-permit-but-disclose-proceedings)

4\. Comment Dates [49](#comment-dates)

E. ORDERING CLAUSES [51](#ordering-clauses)

A. Need for, and Objectives of, the Proposed Rules.
[52](#a.-need-for-and-objectives-of-the-proposed-rules.)

B. Legal Basis [53](#legal-basis)

C. Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply.
[53](#description-and-estimate-of-the-number-of-small-entities-to-which-the-proposed-rules-will-apply.)

D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements.
[54](#description-of-projected-reporting-recordkeeping-and-other-compliance-requirements.)

E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered.
[54](#steps-taken-to-minimize-significant-economic-impact-on-small-entities-and-significant-alternatives-considered.)

F. Federal Rules that May Duplicate, Overlap, or Conflict with the
Proposed Rule.
[55](#federal-rules-that-may-duplicate-overlap-or-conflict-with-the-proposed-rule.)

G. Ordering Clause [55](#ordering-clause)

> Initial Regulatory Flexibility Analysis Appendix A
>
> Proposed Rules Appendix B

LIST OF COMMENTERS Appendix C

# INTRODUCTION AND EXECUTIVE SUMMARY

1.  With this *Notice of Proposed Rulemaking* (*Notice*), we examine
    methods to promote the commercial development and growth of the
    \"millimeter wave\" spectrum in the 71-76 GHz, 81-86 GHz and 92-95
    GHz bands under Parts 15 and 101 of our Rules.[^1] This action
    follows an initiative by our Office of Engineering and Technology
    concerning possible development of these bands. We also take this
    action pursuant to our mandate under Sections 7(a) and 303(g) of the
    Communications Act of 1934, as amended, "to encourage the provision
    of new technologies and services to the public^"^ and "encourage the
    larger and more effective use of radio in the public interest."[^2]
    We also seek comment on a proposal by Loea Communications
    Corporation (Loea) to establish service rules for the licensed use
    of the 71-76 GHz and 81-86 GHz bands. We seek to develop a flexible
    and streamlined regulatory framework that will encourage innovative
    uses of the spectrum; accommodate future developments in technology
    and equipment; promote competition in the communications services,
    equipment and related markets; and advance the potential sharing
    between non-Federal Government and Federal Government[^3]
    systems.[^4] Additionally, we anticipate that our proposals will
    encourage the use of technologies developed in military and
    scientific applications in a broad range of new products and
    services, such as high-speed wireless local area networks and
    broadband access systems for the Internet.

2.  In July 2000, the Commission held a public forum on possible new
    uses of the 92-95 GHz band.[^5] Several speakers at the forum
    indicated that due to recent technological developments, new uses of
    this band are approaching practicality. In addition, in July 2001,
    Loea experimented with technology it developed for use of the 71-76
    GHz and 81-86 GHz bands.[^6] As a result, Loea filed a petition
    requesting the establishment of service rules for the licensed use
    of the 71-76 GHz and 81-86 GHz bands on September 10, 2001.[^7]
    Accordingly, we seek comment on our proposed rules to allow use of
    the 71-76 GHz, 81-86 GHz, 92-94 GHz and 94.1-95 GHz bands for a
    broad range of new fixed and mobile services. These proposals
    include allocation changes to the bands as well as provisions to
    ensure that new non-Federal Government operations can share the
    available frequencies with Federal Government operations in the same
    bands and protect operations in adjacent bands. Specifically, we
    seek comment on the following issues regarding use of the 71-76 GHz,
    81-86 GHz and 92-95 GHz bands:

-   Reallocating the 71-76 GHz, 81-86 GHz and 92-95 GHz bands to update
    the current allocations, which were established at the World
    Administration Radio Conference (Geneva, 1979) (WARC-79);

-   Developing an appropriate band plan for the 71-76 GHz, 81-86 GHz and
    92-95 GHz bands;

-   Providing for unlicensed use of the 92-95 GHz band;

-   Authorizing the new licensed services under Part 101 of our Rules
    and the new unlicensed devices under Part 15 of our Rules;

-   The appropriate means of licensing spectrum for these bands (*e.g.*,
    geographic service areas or site-based licenses);

-   Whether to permit licensees to select licensing as a band manager or
    as a regular non-band manager licensee; and

-   Developing an appropriate eligibility standard for potential
    licensees.

# BACKGROUND

3.  The use of wireless frequencies by entities regulated by the
    Commission is subject to two primary types of regulatory oversight:
    an allocation of spectrum and rules to govern the operations in the
    band.[^8] Spectrum allocations are set forth in the United States
    Table of Allocations (U.S. Table) in Section 2.106 of our Rules.[^9]
    The U.S. Table now extends up to 300 GHz and specifies the types of
    services for which each band may be used. Service rules describe the
    specific technical standards and licensing criteria to be used for
    licensed services or the technical standards that apply to
    unlicensed devices.[^10] At present, the highest frequencies for
    which we authorize licensed services are in the 48.2-50.2 GHz band
    and the highest frequencies in which unlicensed devices may operate
    is the 76-77 GHz band.[^11] Thus, currently, radio technology that
    operates above 50.2 GHz may not be licensed except on an
    experimental basis under Part 5 of our rules,[^12] and devices for
    operation above 77 GHz on either a licensed or unlicensed basis may
    not be marketed.[^13]

4.  On September 10, 2001, Loea requested that the Commission commence a
    rulemaking proceeding to adopt service rules governing the licensing
    and point-to-point use of the 71-76 GHz and 81-86 GHz bands. Nine
    parties filed comments in response to Loea's Petition.[^14]

5.  The Commission is aware of the advances in microchip development,
    and of the special propagation characteristics of the 71-76, 81-86,
    and 92-95 GHz frequency bands that provide a new environment for the
    development and marketing of new applications in these bands.
    Current uses of the millimeter wave bands include radio astronomy,
    spaceborne cloud radars, and military applications. There also is
    the potential to use the spectrum for other applications such as
    passive imaging of airport runways (when obscured by fog or smoke),
    imaging to display hidden contraband, weapons and nonmetal objects,
    point-to-point communications, and point-to-multipoint
    communications. These special uses are possible because of the
    shorter wavelengths, which are about three to five millimeters, and
    because of other technical characteristics that differentiate the
    71-76, 81-86, and 92-95 GHz bands from other frequency bands.[^15]
    Loea, for example, reports successful experiments in transmitting
    video and teleconferencing information in Maui, Hawaii over separate
    channels at 71.0-72.75 GHz and 73.0-74.75 GHz.[^16] Loea points out
    the possibility of creating and offering terrestrial broadband
    services and applications in these bands, which would lead to rapid
    and wider deployment of broadband capacity.[^17]

6.  Because of shorter wavelengths, the 71-76, 81-86, and 92-95 GHz
    bands permit the use of smaller antennas than would be required for
    similar circumstances in the lower bands, to achieve the same high
    directivity and high gain.[^18] The immediate consequence of this
    high directivity, coupled with the high free space loss at these
    frequencies, is the possibility of a more efficient use of the
    spectrum for point-to-multipoint applications. Since a greater
    number of high directive antennas can be placed than less directive
    antennas in a given area, the net result is higher reuse of the
    spectrum, and higher density of users, as compared to lower
    frequencies. Furthermore, due to the fact that one can place more
    voice channels or broadband information using a higher frequency to
    transmit the information, this spectrum could potentially be used as
    a replacement for or supplement to fiber optics.

7.  Another important propagation characteristic of the millimeter wave
    bands is its particular behavior under certain atmospheric
    conditions.[^19] While free space loss is proportional to the
    distance between the two points in a link, and the frequency used in
    the link, losses due to atmospheric absorption are dependent on the
    frequency, distance and weather conditions. Most notable is how the
    loss due to the presence of oxygen or water vapor in the path varies
    greatly with frequency and increases exponentially with distance.
    Under certain circumstances, it can be much greater than the free
    space loss that is the main factor at lower frequencies. For
    example, attenuation below 30 GHz due to the atmosphere absorption
    is about 0.4 dB/km for the worse case of atmospheric conditions
    graphed. With the same conditions, a 40 GHz signal was shown to be
    attenuated at about 0.7 dB/km, and signals between 92-95 GHz were
    shown to be attenuated at the rate of about 2-3 dB/km.[^20] Near 60
    GHz, the signal loss due to absorption by oxygen molecules shows a
    dramatic jump in signal loss to a peak of about 15 dB/km.[^21]

8.  One can take advantage of the peculiar behavior of different
    frequencies within the Extremely High Frequency (EHF) band[^22] in
    the presence of oxygen or water vapor. Around 60 GHz the oxygen
    absorption produces so much loss, compared to other parts of the EHF
    band, that it makes this part of the spectrum less suitable for
    fixed point-to-point or point-to-multipoint links, but more suitable
    for applications requiring the re-use of the spectrum. However,
    above 60 GHz, oxygen absorption decreases. In the 92-95 GHz
    frequencies, oxygen absorption in dry air is comparable to the
    oxygen absorption at 40 GHz, thus making these frequencies more
    desirable for fixed applications. We also note that while absorption
    by oxygen of radio energy at 92-95 GHz is relatively low, absorption
    of such energy by water molecules is much higher at these
    frequencies. As a result, in non-desert conditions the limiting
    factor in achievable range is usually governed by humidity and
    precipitation conditions. High humidity and rain increase path
    absorption by increasing the number of water molecules in the
    air.[^23] This increased absorption, in turn, affects the
    range/channel reliability tradeoff.[^24] An engineer designing a
    telecommunications system for this band can choose to achieve
    increased communication range at the expense of reliability due to
    weather-related absorption or can seek shorter ranges with higher
    reliability. We also note that the propagation characteristics of
    the 71-95 GHz band suggest applications in conjunction with other
    types of communications systems that can increase reliability of the
    overall communications system. For example, fog has less impact on
    millimeter wave propagation than it does on optical propagation[^25]
    because the wavelength of millimeter wave signals in the 71-95 GHz
    spectrum is much larger than the size of the fog particles.
    Therefore, the radio signal only has minimal interaction with fog
    particles, thus making EHF spectrum potentially a good choice as a
    wireless back-up for an optical laser communications link.

9.  Although the generation and experimental use of millimeter wave
    frequencies goes as far back as the work of Dr. J. C. Bose about 100
    years ago in India, practical and affordable technology for the use
    of such frequencies has been generally lacking.[^26] However, a
    variety of development efforts in the 1990s in millimeter wave
    device technology, such as the Defense Advanced Research Project
    Agency's Monolithic Microwave Integrated Circuit (MIMIC) program and
    Microwave and Analog Front End Technology (MAFET) program, have led
    to the development of practical designs of components in the
    millimeter wave area, such as in the 92-95 GHz band.[^27] Currently,
    such devices are produced only in small quantities for experimental
    use in the 70-90 GHz bands and limited Federal Government
    applications and are, therefore, very costly. The creation of
    markets for 70, 80 and 90 GHz technology, which could result from
    the adoption of rules by this agency, could reduce the costs of such
    equipment by increasing production quantities and "learning curve"
    efficiencies. Such increased production may also benefit Federal
    Government users of this band because most millimeter wave component
    production facilities would serve both military and private sector
    markets.

#  DISCUSSION

10. As noted previously, this region of the spectrum is essentially
    undeveloped and available for new uses. It has been our experience
    that opening new regions of the spectrum to new applications and
    technologies fosters the development of new communications products
    and services for the public and the concomitant economic growth and
    jobs.[^28] For example, opening certain bands to spread spectrum
    technology on an unlicensed basis in 1985 stimulated rapid private
    sector development of that technology. Today, numerous businesses
    and other entities use millions of spread spectrum devices for such
    diverse applications as remote meter reading, utility load
    management, voice-secure cordless telephones, and radio local area
    networks.[^29] Similarly, we believe that opening portions of the
    millimeter wave spectrum could stimulate new applications of radio
    technology, facilitate technology transfer from the military sector,
    and create opportunities for economic growth and jobs. This action
    will also promote United States competitiveness internationally by
    enabling the development of technology for potential international
    use.

## Allocation Proposals

### Overview

11. All of the current domestic allocations for the 71-76 GHz, 81-86
    GHz, and 92-95 GHz bands were established at WARC-79 and were
    codified in the Commission's Rules in January 1984.[^30] All 13
    gigahertz of this spectrum is allocated to satellite services
    (specifically, the broadcasting-satellite (BSS), fixed-satellite
    (FSS), mobile-satellite (MSS), and amateur-satellite (AMSAT)
    services) and nearly all of this spectrum (12.5 GHz) is allocated to
    the fixed and mobile services. Satellite services in the 71-75.5 GHz
    and 92-95 GHz bands are to transmit in the Earth-to-space direction
    (uplinks) and satellite services in the 81-86 GHz band are to
    transmit in space-to-Earth direction (downlinks). Portions of this
    spectrum are also allocated to the broadcasting, radiolocation, and
    amateur services. All of these allocations are on a primary basis.
    In addition, small portions of this spectrum are available to the
    radio astronomy service (RAS).[^31] Table 1 provides an overview of
    the WARC-79 and current United States allocations for the 71-76 GHz,
    81-86 GHz, and 92-95 GHz bands.

<table>
<colgroup>
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 1%" />
<col style="width: 0%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="31">Table 1: Overview of WARC-79 and Current United States
Allocations</td>
<td></td>
</tr>
<tr class="even">
<td colspan="10">FSS uplinks</td>
<td rowspan="4"><blockquote>
<p>Amateur &amp; AMSAT</p>
</blockquote></td>
<td rowspan="4"><blockquote>
<p>Changes not considered</p>
</blockquote></td>
<td colspan="6">FSS downlinks</td>
<td colspan="4">BSS</td>
<td rowspan="4"><blockquote>
<p>No changes to consider</p>
</blockquote></td>
<td colspan="8">FSS uplinks</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="7">MSS uplinks</td>
<td colspan="3" rowspan="2"></td>
<td colspan="6" rowspan="2">MSS downlinks</td>
<td colspan="4" rowspan="2">Broadcasting</td>
<td colspan="8">Radiolocation</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td><blockquote>
<p>RAS</p>
</blockquote></td>
<td colspan="4"></td>
<td colspan="3"></td>
<td><blockquote>
<p>RAS</p>
</blockquote></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="10">Fixed &amp; mobile</td>
<td colspan="10">Fixed &amp; mobile</td>
<td colspan="8">Fixed &amp; mobile</td>
<td></td>
</tr>
<tr class="even">
<td><blockquote>
<p>71 GHz</p>
</blockquote></td>
<td colspan="3"><blockquote>
<p>72.91</p>
<p>72.77</p>
</blockquote></td>
<td></td>
<td></td>
<td colspan="2"><blockquote>
<p>74 GHz</p>
</blockquote></td>
<td></td>
<td colspan="2"><blockquote>
<p>75.5</p>
</blockquote></td>
<td><blockquote>
<p>76 GHz</p>
</blockquote></td>
<td><blockquote>
<p>81 GHz</p>
</blockquote></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"><blockquote>
<p>84 GHz</p>
</blockquote></td>
<td></td>
<td></td>
<td><blockquote>
<p>86 GHz</p>
</blockquote></td>
<td colspan="2"><blockquote>
<p>92 GHz</p>
</blockquote></td>
<td></td>
<td colspan="3"><blockquote>
<p>93.27</p>
<p>93.07</p>
</blockquote></td>
<td></td>
<td></td>
<td colspan="2"><blockquote>
<p>95 GHz</p>
</blockquote></td>
</tr>
</tbody>
</table>

12. The World Administrative Radio Conference for Dealing with Frequency
    Allocations in Certain Parts of the Spectrum
    (Malaga-Torremolinos, 1992) (WARC-92) allocated the 74-84 GHz band
    to the space research service (space-to-Earth) (SRS downlinks) on a
    secondary basis throughout the world in order to provide 10
    gigahertz of contiguous spectrum for space Very Long Baseline
    Interferometry (VLBI) purposes.[^32] The World Radiocommunication
    Conference (Geneva, 1997) (WRC-97) allocated the 94-94.1 GHz band to
    the Earth exploration-satellite service (EESS) and SRS for active
    sensor operations (EESS (active) and SRS (active)) and limited the
    use of these allocations to spaceborne cloud radars.[^33] In order
    to provide spectrum for the spaceborne cloud radars, WRC-97 deleted
    the fixed, mobile, and FSS uplink allocations from the 94-94.1 GHz
    band.[^34]

13. Many technological and scientific advances and discoveries
    pertaining to radio waves of natural (including cosmic) origin have
    occurred since the passive allocations (RAS, EESS (passive), and SRS
    (passive)) were made at WARC-79.[^35] At the World
    Radiocommunication Conference (Istanbul, 2000) (WRC-2000), the
    frequency bands above 71 GHz were realigned to reflect present and
    foreseeable future requirements for the passive services.[^36] This
    realignment essentially reshuffled the allocations in the 71-275 GHz
    frequency range to account for a better understanding of how
    spectrum in this range might be used. While numerous allocations
    were moved to different frequency bands, generally the amount of
    spectrum available for specific services did not change. The most
    significant WRC-2000 change to the frequency bands at issue in this
    proceeding was that the 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands
    were allocated to the radio astronomy service (RAS) on a primary
    basis. The RAS can not share the same spectrum with satellite
    downlinks. Thus, it was necessary to change the 81-86 GHz band from
    a downlink band to an uplink band. This was achieved by
    interchanging the directional indicators of the FSS and MSS
    allocations in the 71-74 GHz and 81-84 GHz bands.[^37] Likewise, the
    BSS allocation was moved from the 84-86 GHz band to the 74-76 GHz
    band in order to protect the new RAS allocation. In particular, we
    observe that these and other WRC-2000 actions together have provided
    the FSS with 5 gigahertz of downlink spectrum (71-76 GHz) that can
    be paired with 5 gigahertz of uplink spectrum (81-86 GHz). However,
    WRC-2000 also provided that this very same spectrum can be used for
    fixed applications, which is the focus of this proceeding. In
    contrast, there are no co-frequency satellite sharing issues in the
    92-94 GHz and 94.1-95 GHz bands because WRC-2000 deleted the FSS
    uplink allocations from these bands.

14. In this proceeding, we will consider only those allocation changes
    that concern the 71-76 GHz, 81-86 GHz, and 92-95 GHz bands because
    we have requests before us to use that spectrum. Domestically, the
    71-75.5 GHz, 81-86 GHz, and 92-95 GHz bands are shared between
    Federal and non-Federal Government users on an equal basis.[^38] The
    75.5-76 GHz band is currently non-Federal Government exclusive
    spectrum. We will consider the remaining WRC-2000 realignments in
    the 76-81 GHz band and in the 95-400 GHz frequency range and the
    WARC-92 SRS downlink allocation in the 76-81 GHz band in a separate
    proceeding.

### 71-76 GHz

15. Prior to WRC-2000, the 71-75.5 GHz band was allocated to the fixed,
    mobile, and FSS uplink services on a primary basis throughout the
    world. The 71-74 GHz band was also allocated for MSS uplinks on a
    primary basis throughout the world. Footnote 5.556 stated that radio
    astronomy observations could be carried out under national
    arrangements in the 72.77-72.91 GHz band and, in making assignments
    to stations of other services, footnote 5.149 urged administrations
    to take all practical steps to protect the RAS in this band from
    harmful interference.[^39] The 74-76 GHz band was allocated for SRS
    downlinks on a secondary basis throughout the world. The 75.5-76 GHz
    band was allocated to the amateur and AMSAT services on a primary
    basis throughout the world.

16. In the United States, these pre-WRC-2000 allocations have been
    implemented, except that the secondary allocation for SRS downlinks
    made at WARC-92 has not yet been considered.[^40] Additionally, the
    Commission adopted footnote US270, which states that the 72.77-72.91
    GHz band is also allocated to the RAS, in lieu of international
    footnotes 5.149 and 5.556.[^41] The Commission also adopted footnote
    US297, which states that a portion of the FSS uplink allocation
    (74-75.5 GHz) is available to be used as BSS feeder links. The
    75.5-76 GHz band has been allocated to the Amateur Radio Service
    under Part 97 of our Rules.[^42]

17. At WRC-2000, the 81-86 GHz band was allocated to the RAS on a
    primary basis. In order to avoid having satellite downlinks in the
    81-84 GHz band, which would cause harmful interference to the new
    primary RAS allocation, the MSS and FSS uplink allocations in the
    71-74 GHz band were interchanged with the MSS and FSS downlink
    allocations in the 81-84 GHz band. WRC-2000 also deleted the
    72.77-72.91 GHz band from footnotes 5.149 and 5.556 and added RAS
    allocations above 76 GHz.

18. WRC-2000 shifted the primary amateur and AMSAT allocations from
    75.5-76 GHz to 77.5-78 GHz.[^43] However, footnote 5.559A states
    that stations in the amateur and AMSAT services in the 75.5-76 GHz
    band may operate on a primary basis until 2006. In its comments on
    the Loea petition, ARRL, the National Association for Amateur Radio
    (ARRL), states that it has only a limited interest in this
    proceeding, due to a "legacy" allocation in the 75.5-76 GHz band for
    the amateur and AMSAT services.[^44] ARRL requests that we, in any
    rules adopted in this proceeding, note that the amateur service is,
    until 2006, entitled to operate on a primary basis in the 75.5-76
    band.[^45]

19. WRC-2000 relocated the BSS allocation, which was at 84-86 GHz, to
    the 74-76 GHz band in order to protect RAS observations above 76
    GHz. The FSS uplink allocation at 74-75.5 GHz was moved to 84-86
    GHz, and the 74-76 GHz band was allocated for FSS downlinks.
    Footnote 5.561 was modified to recognize the change in the BSS
    allocation and now reads as follows:

> 5.561 In the band 74-76 GHz, stations in the fixed, mobile and
> broadcasting services shall not cause harmful interference to stations
> of the fixed-satellite service or stations of the
> broadcasting-satellite service operating in accordance with the
> decisions of the appropriate frequency assignment planning conference
> for the broadcasting-satellite service.

20. [Proposal]{.underline}. We propose to implement the *WARC-92 Final
    Acts* and most of the *WRC-2000 Final Acts* with respect to the
    71-76 GHz band. Specifically, we propose to change the FSS
    directional indicator in the 71-75.5 GHz band and the MSS
    directional indicator in the 71-74 GHz band from uplinks to
    downlinks. As a consequence of the proposal to change the FSS
    directional indicator in the 74-75.5 GHz band, we propose to revise
    footnote US297 in order to state that 81-82.5 GHz (instead of
    74‑75.5 GHz) is available for BSS feeder links. We propose to delete
    the RAS allocation from the 72.77-72.91 GHz band by removing
    footnote US270 from the Table. We also propose to allocate the 74-76
    GHz band to the BSS and broadcasting service on a primary basis and
    for SRS downlinks on a secondary basis.[^46] Further, we propose to
    allocate the 75.5-76 GHz band to the fixed, mobile, and FSS downlink
    services on a primary basis and to delete the amateur and AMSAT
    allocations from the 75.5-76 GHz band.

21. In order to protect future Federal Government use, NTIA requests
    that footnote 5.561 be adopted domestically, which would require
    that the fixed, mobile, and broadcasting services not cause harmful
    interference to FSS or BSS reception in the 74-76 GHz band.[^47]
    NTIA alternatively requests that the requirements contained in this
    international footnote be placed in the Federal Government Table of
    Frequency Allocations.[^48] Given NTIA's stated need for future
    Federal FSS operations, we propose to adopt the following United
    States footnote:

> USwww In the band 74-76 GHz, stations in the fixed, mobile and
> broadcasting services shall not cause harmful interference to stations
> of the Federal Government fixed-satellite service.

22. We request comment on this proposal and on whether similar
    protection should be provided to non-Federal FSS and BSS operations.
    If both satellite and terrestrial allocations are implemented in the
    71-76 GHz band, technical and regulatory guidelines will be
    necessary to allow spectrum sharing. We seek comment on what
    requirements would be necessary to facilitate sharing between the
    various services, such as coordination requirements and power
    flux-density (PFD) limits for satellite operations in the 71-76 GHz
    band. We also request comment on whether any coordination
    requirements adopted to facilitate sharing would eliminate the need
    for the footnote to protect future FSS use, thus placing all
    allocations on equal footing. PFD limits are the normal means by
    which FSS downlinks and fixed point-to-point operations share the
    same spectrum. We also request comment on the appropriate PFD limit
    for the 71-76 GHz band.

23. We propose to permit the amateur and AMSAT services in the 75.5-76
    GHz band to continue on a secondary basis until January 1, 2006,
    rather than to adopt footnote 5.559A, which would allow these
    services to operate on a primary basis until 2006. We believe that
    this proposal provides the best transition mechanism from amateur
    use to new licensed fixed and mobile services. It is unclear to us
    how extensively the amateur community is using the 75.5-76 GHz band,
    but we tentatively find that the impact would be minor, especially
    since the nearby primary amateur and AMSAT allocation at 77.5-78 GHz
    has been available for nearly four years.[^49] Moreover, since it is
    unlikely that there will be any fixed or mobile users for several
    years, amateur users will continue to have the band to themselves
    until fixed licensed systems begin their service rollout.
    Accordingly, we propose to adopt a United States footnote that would
    read as follows:

> USyyy The band 75.5-76 GHz is also allocated to the amateur and
> amateur-satellite services on a secondary basis until January 1, 2006.

24. In order to implement this proposal in the Commission's Rules for
    the Amateur Radio Service, we propose to add a new frequency sharing
    requirement to Section 97.303, which would read as follows:

> No amateur or amateur-satellite station transmitting in the 75.5-76
> GHz segment shall cause interference to, nor is protected from
> interference due to the operation of, stations in the fixed service.
> After January 1, 2006, the 75.5-76 GHz segment is no longer allocated
> to the amateur service or to the amateur-satellite service.

25. We request comment on all of the above proposals for the 71-76 GHz
    band. Table 2 summarizes our proposals for the 71-76 GHz band.

+-----------------+-------------------------+--------------------------+
| Table 2: 71-76  |                         |                          |
| GHz (All        |                         |                          |
| allocations are |                         |                          |
| on a primary    |                         |                          |
| basis unless    |                         |                          |
| otherwise       |                         |                          |
| stated)         |                         |                          |
+-----------------+-------------------------+--------------------------+
| Existing U.S.   | Proposed U.S.           | Summary of Major Changes |
| Allocations     | Allocations             |                          |
+-----------------+-------------------------+--------------------------+
| 71-74 GHz       | 71-74 GHz               | In 3 gigahertz of MSS &  |
|                 |                         | FSS spectrum, change     |
| Fixed           | Fixed                   | transmission direction   |
|                 |                         | from uplink to downlink. |
| Mobile          | Mobile                  | Delete RAS from 140      |
|                 |                         | megahertz.               |
| FSS uplinks     | FSS downlinks           |                          |
|                 |                         |                          |
| MSS uplinks     | MSS downlinks           |                          |
|                 |                         |                          |
| US270 (RAS)     |                         |                          |
+-----------------+-------------------------+--------------------------+
| 74-75.5 GHz     | 74-76 GHz               | In 1.5 gigahertz of FSS  |
|                 |                         | spectrum, change         |
| Fixed           | Fixed                   | transmission direction   |
|                 |                         | from uplink to downlink. |
| Mobile          | Mobile                  | Delete 500 megahertz     |
|                 |                         | from amateur & AMSAT     |
| FSS uplinks     | FSS downlinks           | services, but permit     |
| US297 (74-      |                         | these services to be     |
|                 | Broadcasting            | used on a secondary      |
| 75.5 GHz        |                         | basis until 2006.        |
| available for   | BSS                     | Allocate 500 megahertz   |
|                 |                         | for fixed, FSS downlink  |
| BSS feeder      | Secondary SRS downlinks | & mobile services.       |
| links)          |                         | Allocate 2 gigahertz for |
|                 | USwww (In the band      | BSS & broadcasting       |
|                 | 74-76 GHz,              | service on primary basis |
|                 |                         | & for SRS downlinks on   |
|                 | stations in the fixed,  | secondary basis.         |
|                 | mobile and              |                          |
|                 |                         |                          |
|                 | broadcasting services   |                          |
|                 | will not                |                          |
|                 |                         |                          |
|                 | cause harmful           |                          |
|                 | interference to         |                          |
|                 |                         |                          |
|                 | stations of the Federal |                          |
|                 | FSS.)                   |                          |
|                 |                         |                          |
|                 | USyyy (secondary        |                          |
|                 | amateur & AMSAT         |                          |
|                 |                         |                          |
|                 | allocations in the      |                          |
|                 | 75.5-76 GHz band        |                          |
|                 |                         |                          |
|                 | until 2006)             |                          |
+-----------------+-------------------------+--------------------------+
| 75.5-76 GHz     |                         |                          |
|                 |                         |                          |
| Amateur         |                         |                          |
|                 |                         |                          |
| AMSAT           |                         |                          |
+-----------------+-------------------------+--------------------------+

### 81-86 GHz

26. Prior to WRC-2000, the 81-86 GHz band was allocated to the fixed and
    mobile services on a primary basis throughout the world. The 81-84
    GHz band was also allocated throughout the world for FSS downlinks
    and MSS downlinks on a primary basis and for SRS downlinks on a
    secondary basis. The 84-86 GHz band was also allocated to the BSS
    and the broadcasting service on a primary basis throughout the
    world. Footnote 5.561 stated that, in the 84-86 GHz band, stations
    of the fixed, mobile, and broadcasting services may not cause
    harmful interference to the BSS stations operating in accordance
    with the decisions of the appropriate BSS frequency assignment
    planning conference.

27. In the United States, these pre-WRC-2000 allocations have been
    implemented, except that the SRS downlink allocation, which was
    established at WARC-92, has not yet been considered.[^50]
    Additionally, the Commission adopted footnote US211, which urges
    applicants for airborne or space station assignments in the 84-86
    GHz band to take all practicable steps to protect RAS observations
    in adjacent bands from harmful interference.

28. At WRC-2000, the 81-86 GHz band was allocated to the RAS on a
    primary basis. The addition of this RAS allocation satisfies the
    requirements for radio astronomy spectral line and wideband
    continuum observations from remote locations worldwide. WRC-2000
    also revised footnote 5.149 to add the 81-86 GHz band to the list of
    frequency bands wherein administrations are urged to take all
    practicable steps to protect the RAS from harmful interference when
    making assignments to stations of other services.

29. As previously stated, the MSS and FSS downlink allocations in the
    81-84 GHz band were interchanged with the MSS and FSS uplink
    allocations in the 71-74 GHz band. WRC-2000 relocated the BSS, which
    is currently allocated to the 84-86 GHz band, to the 74-76 GHz band.
    WRC-2000 took these actions because co-frequency satellite downlinks
    would cause interference to the new primary RAS allocation. Footnote
    5.560A, which allocates the 81-81.5 GHz band to the amateur and
    AMSAT services on a secondary basis, was added to maintain the
    current amount of secondary amateur and AMSAT spectrum. Footnote
    5.561 is no longer relevant to the 84-86 GHz band; it was
    appropriately modified to apply to the 74-76 GHz band.

30. [Proposal]{.underline}. We propose to implement the *WARC-92 Final
    Acts* and most of the *WRC-2000 Final Acts* with respect to the
    81-86 GHz band. Specifically, we propose to allocate the 81-86 GHz
    band to the RAS on a primary basis, to change the directional
    indicators on the FSS and MSS allocations in the 81-84 GHz band from
    downlinks to uplinks, to allocate the 84-86 GHz band for FSS
    uplinks, and to delete the BSS and broadcasting allocations from the
    84-86 GHz band. We propose to revise footnote US297 in order to
    state that 81‑82.5 GHz (instead of 74‑75.5 GHz) is available for BSS
    feeder links. We also propose to revise footnote US211 by deleting
    the 84-86 GHz band from those bands in which applicants for airborne
    or space station assignments are urged to take all practicable steps
    to protect RAS observations in adjacent bands from harmful
    interference because the 81-86 GHz band has been proposed to be
    allocated to the RAS on a primary basis.

31. Consistent with international footnote 5.149, we propose to revise
    footnote US342 in order to add the 81-86 GHz band to the list of
    frequency bands wherein all practicable steps are to be taken to
    protect the RAS from harmful interference when assignments to
    stations of other services are made.

32. We request comment on whether footnote 5.560A, which would allocate
    the 81‑81.5 GHz band to the amateur and AMSAT services on a
    secondary basis, should be adopted domestically. The Commission has
    previously allocated the 77.5-78 GHz band to the amateur and AMSAT
    services on a primary basis. We therefore seek comment on whether
    these secondary allocations are needed. Further, we request comment
    on whether amateur and AMSAT services in the 81-81.5 GHz band would
    be compatible with primary commercial operations.

33. If both satellite and terrestrial allocations are implemented in the
    81-86 GHz band, technical and regulatory guidelines will be
    necessary to allow spectrum sharing. We seek comment on what
    requirements would be necessary to facilitate sharing between the
    various services, such as coordination and terrestrial station
    antenna pointing requirements in the 81-86 GHz band.

34. We request comment on all of the above proposals for the 81-86 GHz
    band. Table 3 summarizes our proposals for the 81-86 GHz band.

+-------------------+--------------------+-----------------------------+
| Table 3: 81-86    |                    |                             |
| GHz (All          |                    |                             |
| allocations are   |                    |                             |
| on a primary      |                    |                             |
| basis unless      |                    |                             |
| otherwise stated) |                    |                             |
+-------------------+--------------------+-----------------------------+
| Existing U.S.     | Proposed U.S.      | Summary of Major Changes    |
| Allocations       | Allocations        |                             |
+-------------------+--------------------+-----------------------------+
| 81-84 GHz         | 81-84 GHz          | In 3 gigahertz of MSS & FSS |
|                   |                    | spectrum, change            |
| Fixed             | Fixed              | transmission direction from |
|                   |                    | downlink to uplink. Specify |
| Mobile            | Mobile             | that 1.5 gigahertz of FSS   |
|                   |                    | uplink spectrum is          |
| FSS downlinks     | FSS uplinks US297  | available for BSS feeder    |
|                   | (81-82.5           | links. Allocate 3 gigahertz |
| MSS downlinks     |                    | for RAS on a primary basis. |
|                   | GHz available for  | Allocate 3 gigahertz for    |
|                   | BSS feeder         | SRS downlinks on a          |
|                   |                    | secondary basis.            |
|                   | links)             |                             |
|                   |                    |                             |
|                   | MSS uplinks        |                             |
|                   |                    |                             |
|                   | Radio astronomy    |                             |
|                   |                    |                             |
|                   | Secondary SRS      |                             |
|                   | downlinks          |                             |
|                   |                    |                             |
|                   | US342 (take all    |                             |
|                   | practicable        |                             |
|                   |                    |                             |
|                   | steps to protect   |                             |
|                   | RAS in the         |                             |
|                   |                    |                             |
|                   | 81-84 GHz band     |                             |
|                   | from harmful       |                             |
|                   |                    |                             |
|                   | interference)      |                             |
+-------------------+--------------------+-----------------------------+
| 84-86 GHz         | 84-86 GHz          | Allocate 2 gigahertz to RAS |
|                   |                    | & FSS uplinks. Delete 2     |
| Fixed             | Fixed              | gigahertz from broadcasting |
|                   |                    | & broadcasting-satellite    |
| Mobile            | Mobile             | services. Remove            |
|                   |                    | requirement in 2 gigahertz  |
| Broadcasting      | FSS uplinks        | that fixed, mobile &        |
|                   |                    | broadcasting can not cause  |
| BSS               | Radio astronomy    | harmful interference to     |
|                   |                    | BSS.                        |
| 5.561 (fixed,     | US342 (take all    |                             |
| mobile &          | practicable        |                             |
|                   |                    |                             |
| broadcasting must | steps to protect   |                             |
| not cause         | RAS in the         |                             |
|                   |                    |                             |
| harmful           | 84-86 GHz band     |                             |
| interference to   | from harmful       |                             |
| BSS)              |                    |                             |
|                   | interference)      |                             |
| US211 (protect    |                    |                             |
| RAS in the        |                    |                             |
|                   |                    |                             |
| adjacent 86-92    |                    |                             |
| GHz band)         |                    |                             |
+-------------------+--------------------+-----------------------------+

### 92-95 GHz

35. Prior to WRC-97, the 92-95 GHz band was allocated to the fixed,
    mobile, FSS uplink, and radiolocation services on a primary basis
    throughout the world. Footnote 5.556 stated that radio astronomy
    observations could be carried out under national arrangements in the
    93.07-93.27 GHz band and, in making assignments to stations other
    services, footnote 5.149 urged administrations to take all practical
    steps to protect the RAS in this band from harmful
    interference.[^51] In the United States, these pre-WRC-97
    allocations have been implemented.[^52]

36. In the United States' proposals for WRC-97, the 94-94.1 GHz band was
    proposed for use by spaceborne cloud radars to determine the
    vertical profile of clouds and their global distribution.[^53] The
    allocation would be limited to 100 megahertz because it could be
    coupled with the primary spaceborne active sensor allocations in the
    78-79 GHz band, which are provided for in footnote 5.560. The EESS
    and SRS allocations in 94-94.1 GHz band would be limited to use by
    spaceborne cloud radars because the 78-79 GHz band is suitable for
    use by active spaceborne sensors other than cloud radars. The
    94-94.1 GHz band was proposed because it is of less interest to the
    RAS (it has relatively few spectral lines) and because it has
    adequate frequency separation from the 86-92 GHz band, which is
    allocated for passive use. At the 1997 Conference Preparatory
    Meeting (CPM-97), it was determined that cloud radars and the
    radiolocation service are compatible in the 92-95 GHz band. However,
    because studies indicated compatibility problems between cloud
    radars and both the fixed and FSS uplink services in the 92-95 GHz
    band, these allocations were proposed to be deleted.

37. At WRC-97, the 94-94.1 GHz band was allocated to the EESS (active)
    and the SRS (active) on a primary basis; the radiolocation
    allocation in the 94-94.1 GHz band was maintained; and the fixed,
    mobile, and FSS uplink allocations were deleted from the 94-94.1 GHz
    band. WRC-97 added footnote 5.562, which states that the use of the
    94-94.1 GHz band by the EESS (active) and SRS (active) is limited to
    spaceborne cloud radars. Recently, we agreed that the Air Force
    could operate its "Cloudsat" system at 94.045 GHz on a
    non-interference basis, pending the outcome of this allocation
    proceeding. Cloudsat is a spaceborne radar that will collect high
    resolution vertical profile data in thick clouds.

38. At WRC-2000, the 92-94 GHz and 94.1-95 GHz bands were allocated to
    the RAS on a primary basis and the 94-94.1 GHz band was allocated to
    the RAS on a secondary basis. The addition of these RAS allocations
    satisfies the requirements for radio astronomy spectral line and
    wideband continuum observations from remote locations worldwide.
    Consequently, the RAS band at 93.07-93.27 GHz was deleted from
    footnote 5.556. The FSS uplink allocations in the 92-94 GHz and
    94.1-95 GHz band, which were no longer needed to balance the FSS
    allocation at 102-105 GHz, were deleted.

39. WRC-2000 added footnote 5.562A, which states that EESS transmissions
    that are directed into the main beam of a RAS antenna have the
    potential to damage some RAS receivers and that space agencies
    operating these transmitters and the RAS observatories should
    mutually plan their operations so as to avoid such occurrences to
    the maximum extent possible. WRC-2000 revised footnote 5.149 to
    replace the 93.07-93.27 GHz band with the 92-94 GHz and 94.1-95 GHz
    bands in the list of frequency bands wherein administrations are
    urged to take all practicable steps to protect the RAS from harmful
    interference when making assignments to stations of other services.

40. [Proposal]{.underline}. We propose to implement the *WRC-97 Final
    Acts* and *WRC-2000 Final Acts* with respect to the 92-95 GHz band.
    Specifically, we propose to allocate the 92-94 GHz and 94.1-95 GHz
    bands to the RAS on a primary basis; to allocate the 94-94.1 GHz
    band to the EESS (active) and SRS (active) on a primary basis for
    Federal Government use, limited to cloud radars; to allocate the
    94-94.1 GHz band to the RAS on a secondary basis; to delete the FSS
    uplink allocation from the 92-95 GHz band; and to delete the fixed
    and mobile allocations from the 94-94.1 GHz band.

41. Consistent with international footnote 5.149, we propose to revise
    footnote US342 in order to add the 92-94 GHz and 94.1-95 GHz bands
    to the list of frequency bands wherein all practicable steps are to
    be taken to protect the RAS from harmful interference when
    assignments to stations of other services are made.

42. We request comment on all of the above proposals for the 92-95 GHz
    band. Table 4 summarizes our proposals for the 92-95 GHz band.

+-----------------+-------------------------------+-------------------+
| Table 4: 92-95  |                               |                   |
| GHz (All        |                               |                   |
| allocations are |                               |                   |
| on a primary    |                               |                   |
| basis unless    |                               |                   |
| otherwise       |                               |                   |
| stated)         |                               |                   |
+-----------------+-------------------------------+-------------------+
| Existing U.S.   | Proposed U.S. Allocations     | Summary of Major  |
| Allocations     |                               | Changes           |
+-----------------+-------------------------------+-------------------+
| 92-95 GHz       | 92-94 GHz                     | Allocate 2        |
|                 |                               | gigahertz to the  |
| Fixed           | Fixed                         | RAS on a primary  |
|                 |                               | basis. Delete FSS |
| Mobile          | Mobile                        | uplinks from 2    |
|                 |                               | gigahertz.        |
| FSS uplinks     | Radiolocation                 |                   |
|                 |                               |                   |
| Radiolocation   | Radio astronomy               |                   |
|                 |                               |                   |
| 5.149 (in       | US342 (take all practicable   |                   |
| making          | steps to protect RAS          |                   |
|                 |                               |                   |
| assignments to  | in the 92-94 GHz band from    |                   |
| stations of     | harmful                       |                   |
|                 |                               |                   |
| other services  | interference)                 |                   |
| to which the    |                               |                   |
|                 |                               |                   |
| 93.07-93.27 GHz |                               |                   |
| band is         |                               |                   |
|                 |                               |                   |
| allocated,      |                               |                   |
| administrations |                               |                   |
|                 |                               |                   |
| are urged to    |                               |                   |
| take all        |                               |                   |
|                 |                               |                   |
| practicable     |                               |                   |
| steps to        |                               |                   |
| protect         |                               |                   |
|                 |                               |                   |
| RAS from        |                               |                   |
| harmful         |                               |                   |
|                 |                               |                   |
| interference)   |                               |                   |
+-----------------+-------------------------------+-------------------+
|                 | 94-94.1 GHz                   | Allocate 100      |
|                 |                               | megahertz to the  |
|                 | Radiolocation                 | EESS (active) and |
|                 |                               | SRS (active) on a |
|                 | Federal Government EESS       | primary basis for |
|                 | (active)                      | Federal           |
|                 |                               | Government use,   |
|                 | Federal Government SRS        | limited to cloud  |
|                 | (active)                      | radars. Allocate  |
|                 |                               | 100 megahertz to  |
|                 | Secondary radio astronomy     | the RAS on a      |
|                 |                               | secondary basis.  |
|                 | 5.562 (EESS & SRS limited to  | Delete fixed,     |
|                 | cloud radars)                 | mobile & FSS      |
|                 |                               | uplinks from 100  |
|                 | 5.562A (EESS & RAS should     | megahertz.        |
|                 | mutually plan their           |                   |
|                 |                               |                   |
|                 | operations)                   |                   |
+-----------------+-------------------------------+-------------------+
|                 | 94.1-95 GHz                   | Allocate 900      |
|                 |                               | megahertz to the  |
|                 | Fixed                         | RAS on a primary  |
|                 |                               | basis. Delete FSS |
|                 | Mobile                        | uplinks from 900  |
|                 |                               | megahertz.        |
|                 | Radiolocation                 |                   |
|                 |                               |                   |
|                 | Radio astronomy               |                   |
|                 |                               |                   |
|                 | US342 (take all practicable   |                   |
|                 | steps to protect RAS          |                   |
|                 |                               |                   |
|                 | in the 94.1-95 GHz band from  |                   |
|                 | harmful                       |                   |
|                 |                               |                   |
|                 | interference)                 |                   |
+-----------------+-------------------------------+-------------------+

### RAS Protection in the 81-86 GHz, 92-94 GHz, and 94.1-95 GHz Bands

43. In order to avoid interference to 18 RAS observatories that
    currently receive in the 81-86 GHz, 92-94 GHz, and 94.1-95 GHz
    bands, National Science Foundation (NSF) requests that we require
    licensees of all other allocated services in these bands to
    coordinate with these RAS sites.[^54] NSF states that coordination
    radii on the order of 150 kilometers (93 miles) around the 8 single
    dish observatories and 25 kilometers (15.5 miles) around the 10 Very
    Long Baseline Array (VLBA) stations appear to be sufficient to
    ensure protection of these RAS facilities.

44. In paragraphs 30 and 40, above, we propose to allocate the 81-86
    GHz, 92-94 GHz, and 94.1-95 GHz bands to the RAS on a primary basis.
    These RAS allocations were made at WRC-2000 as result of U.S.
    proposals and NTIA has requested their implementation.[^55] We
    recognize that radio astronomers must observe radio waves of cosmic
    origin at frequencies over which they have no control.[^56] We note,
    however, that the 86-92 GHz band is already allocated to the RAS on
    a primary basis. In light of this adjacent 6 gigahertz primary
    allocation, we request comment on whether the 81-86 GHz, 92-94 GHz,
    and 94.1-95 GHz bands should also be allocated to the RAS on a
    primary basis. Is this quantity of spectrum necessary for RAS
    purposes and would such a large allocation hinder effective use of
    spectrum needed for other applications? If not all of this spectrum
    is needed by the RAS, which portions are most essential or,
    alternatively, should certain portions be on a secondary or
    unprotected basis?

45. The customary means of protecting RAS reception is through
    coordination around RAS observatories. We tentatively propose to
    adopt a new United States footnote (footnote USzzz) that would
    specify the maximum coordination distances requested by NSF at the
    18 indicated observatories with regard to RAS reception in the 81-86
    GHz, 92-94 GHz, and 94.1-95 GHz bands.[^57] However, we request
    comment on means to minimize any coordination burden on relevant
    parties. For example, are the coordination distances proposed by NSF
    appropriate? Further, we believe that terrain shielding, pointing
    directions when narrow beam antennas are used, and other factors
    could be taken into account in order to reduce unnecessary
    coordination requirements. We note that the radio telescope in Owens
    Valley, California is shielded from radio frequency interference
    (RFI) by high mountains in the direction of Fresno, California,
    which is an urban area within the 150 kilometer maximum coordination
    radius. We also note that the Haystack Observatory in Westford,
    Massachusetts is within 150 kilometers of most of the western
    suburbs of Boston and that NSF's request would require coordination
    of pencil beam antennas within this distance even if they were
    pointed away from radio telescope. Therefore, in order to minimize
    unnecessary coordination, while fully protecting the new RAS
    allocations, we request comment on whether RAS observatories should
    be required to operate a web site where fixed point-to-point
    licensees can input end points of links, power, and antenna
    characteristics and receive back promptly whether coordination is
    required. This process would take into account the observatory
    sensitivity, terrain shielding, and the azimuth of the path relative
    to the observatory. This approach is similar to the coordination
    method that was developed for the 1670-1675 MHz Government transfer
    band, where the National Oceanic and Atmospheric Administration
    (NOAA) agreed to maintain a web site to assist in coordination near
    two of its receive earth stations.[^58]

46. We also seek comment on whether we should geographically limit the
    scope of these RAS allocations in a similar fashion to the RAS
    allocation in the 10.6-10.68 GHz band, which provides that the RAS
    will not receive protection from stations in other allocated
    services that are licensed to operate in the one hundred most
    populous urbanized areas as defined by the U.S. Census Bureau.[^59]
    This would facilitate commercial deployment in areas where spectrum
    demands are most intense.

## Band Plan

47. As we examine methods to promote development and growth of the 71-76
    GHz, 81-86 GHz and 92-95 GHz bands, we must consider the current and
    projected uses of these bands, and the current use of adjacent
    bands, such as the 86-92 GHz band. We are aware of a variety of
    military research and development projects that are in progress in
    the 71-76 GHz, 81-86 GHz and 92-95 GHz band. As all of these bands
    (except for the amateur band at 75.5-76 GHz) are shared on a
    co-primary basis between Federal and non-Federal Government
    services, our rules must provide for equitable sharing with Federal
    Government users, especially those with national security
    implications.

48. We recognize that there may be Federal installations where existing
    and planned uses in the 71-76 GHz, 81-86 GHz and 92-95 GHz bands
    require high confidence protection from FCC licensees for national
    security reasons. We propose to include in the final rules specific
    areas proposed by NTIA during this proceeding which will require
    coordination with the Frequency Assignment Subcommittee (FAS) of the
    Interdepartment Radio Advisory Committee (IRAC) for frequency
    assignments and licensing. We seek comment on this proposal. We also
    ask commenters how we can limit the administrative burdens for the
    Commission, NTIA and potential licensees while still requiring IRAC
    coordination. For example, rather than specifying a simple
    geographic area, we might require all licensees within a certain
    distance of these sites to verify that the predicted power flux
    density at a reference point is less than a specified value. Any
    potential assignment exceeding the specified value would require
    coordination.

### 92-95 GHz Band

49. Given that we are aware of where the Federal Government is operating
    in the 92-95 GHz band, we are able to propose specific band plans
    for the 92-95 GHz band. However, as we noted earlier, the 92-95 GHz
    band is shared between Federal and non-Federal Government
    services.[^60] We also believe the adjacent passive allocation in
    the 86-92 GHz band will have an impact on the use of the 92-95 GHz
    band because the 86-92 GHz band is shared among several passive
    services.[^61] Specifically, the aeronautical community has been
    considering use of the passive band for aircraft-based 86-92 GHz
    imaging systems that would allow aircraft to view runways during
    landings in inclement weather.[^62] Thus, there may be future
    safety-related passive aeronautical systems in the 86-92 GHz band.
    Consequently, we must consider adequate protection of such systems
    as we examine commercial development and growth in the 92-95 GHz
    band. We seek comment on this tentative conclusion. We also seek
    comment on whether we must consider adequate protection in adjacent
    95-100 GHz band, which is currently licensed to the mobile, MSS,
    radionavigation and radionavigation-satellite services on a primary
    basis and to the radiolocation service on a secondary basis. We
    observe that WRC-2000 added primary fixed and RAS allocations to the
    95-100 GHz band, raised the secondary radiolocation allocation to
    primary status, and deleted the MSS allocation from the 95-100 GHz
    band.[^63]

50. In light of the considerations mentioned above, we request comment
    on three band plans for the 92-95 GHz band. Band Plan I provides for
    three 900-megahertz segments and one 300-megahertz segment. Under
    this plan, we would license the 92.3-93.2 GHz and 94.1-95 GHz
    spectrum blocks for commercial use. That is, non-Federal licensees
    would have access to two 900-megahertz segments that are separated
    by 900 megahertz. Primary Federal assignments would be made in the
    92.3-93.2 GHz and 93.2-94.1 GHz spectrum blocks throughout the
    nation. In the licensed non-Federal bands (92.3-93.2 GHz and 94.1-95
    GHz), primary Federal assignments could be authorized at designated
    military installations. Thus, under this option, Federal users would
    have access to the entire 92-95 GHz band on a primary basis at
    designated military installations. Outside the designated military
    installations, we propose that Federal assignments would be
    authorized in the licensed non-Federal bands on a secondary basis.
    These secondary Federal allocations would permit Federal use in
    areas of low population density, as well as permitting other uses
    such as ground-based Federal radar in rural areas. Band Plan I would
    also make the 92-95 GHz band available for unlicensed Part 15 use.

51. Band Plan II would provide Federal and non-Federal users with the
    same amount of spectrum as in Band Plan I. However, the Federal
    bands would now be equal in size, that is, two 600-megahertz channel
    blocks. Another option, Band Plan III, would provide Federal and
    non-Federal licensees with access to 2,900 megahertz of spectrum on
    a shared basis. Additionally, we encourage commenters to propose
    alternative band plans that will stimulate growth in the 92-95 GHz
    band and to submit rationale supporting adoption of their proposed
    alternative band plans.

52. We tentatively conclude that Band Plan I will stimulate growth in
    the 92-95 GHz band without hindering growth in the adjacent 86-92
    GHz band. Additionally, we believe these segments provide sufficient
    capacity for licensees to utilize and provide new innovative
    services to the public. Accordingly, we propose to adopt Band Plan I
    for use in the 92-95 GHz band.[^64] We tentatively conclude that the
    mixture of licensed and unlicensed use in Band Plan I will satisfy
    the needs of most potential users of this band while facilitating
    sharing with Federal Government users. We seek to maximize the
    opportunities for new 90 GHz services and technologies, avoid
    interference to passive services operating in the lower adjacent
    band at 86-92 GHz, protect the 94.0-94.1 GHz cloud sensing radar
    allocation, and maximize sharing potential for Federal Government
    systems in the same band.

53. In order to codify the nature of the Federal/non-Federal Government
    sharing in the 92-95 GHz band, we propose to add a new United States
    footnote to the U.S. Table, which would read as follows:

> USxxx In the band 92-95 GHz, Federal and non-Federal users may operate
> low power, unlicensed devices. In the band 92-92.3 GHz and 93.2-94.1
> GHz, Federal assignments shall operate on a primary basis. In the
> bands 92.3-93.2 GHz and 94.1-95 GHz, non-Federal licensed systems
> shall operate on a primary basis and Federal assignments may operate
> on a secondary basis, except that Federal assignments at the following
> military installations shall operate on a primary basis: . . .[^65]

54. We believe that Band Plan I would simplify duplexer design for full
    duplex bidirectional systems. Non-Federal use of the 300-megahertz
    segment that is adjacent to the 86-92 GHz passive band would be
    limited to unlicensed Part 15 devices. This placement minimizes the
    likelihood that out-of-band emissions would cause harmful
    interference to passive band receivers. We also believe that it
    would be more economically feasible for manufacturers to build low
    power unlicensed devices to meet the necessarily restrictive
    out-of-band emission limits for protection of passive band receivers
    than it would be for them to meet those limits for higher power
    equipment for licensed use. The 93.2-94.1 GHz unlicensed band
    includes the cloud sensing radar allocation. We tentatively conclude
    that sharing between these two types of operations is possible
    without harmful interference to systems operating under the radar
    allocation. We seek comment on this tentative conclusion. The
    unlicensed segments also provide possible locations for Federal
    Government systems that may not be able to share with licensed
    systems. We request comment on whether to provide two licensed
    portions of 900-megahertz each or to further divide the licensed
    portions. We also seek comment whether unlicensed devices can share
    the 94-94.1 GHz band with cloud sensing radars without causing
    harmful interference to Cloudsat and other such systems. Finally, we
    seek comment on whether it would be appropriate for non-Federal
    licensees to operate on a secondary basis in the 92.0-92.3 GHz and
    93.2-94.1 GHz bands. Table 5 summarizes our band plan proposal for
    the 92-95 GHz band.

  ------------ ----------- ---------------------------- ---------------------
  Table 5:                                              
  Commission                                            
  Proposal for                                          
  the 92-95                                             
  GHz Band                                              
  (Band Plan                                            
  I)                                                    

  Band         Bandwidth   Type of Use (Federal and     
                           non-Federal unlicensed use   
                           permitted throughout the     
                           92-95 GHz band)              

                           Federal Government           non-Federal
                                                        Government

  92.0-92.3    300 MHz     Primary assignments          No licensed use
  GHz                                                   

  92.3-93.2    900 MHz     Secondary assignments,       Licensed on a primary
  GHz                      except on specified military basis
                           installations where          
                           assignments are on a primary 
                           basis                        

  93.2-94.0    800 MHz     Primary assignments          No licensed use
  GHz                                                   

  94.0-94.1    100 MHz     Cloudsat and primary         No licensed use
  GHz                      radiolocation assignments    

  94.1-95.0    900 MHz     Secondary assignments,       Licensed on a primary
  GHz                      except on specified military basis
                           installations where          
                           assignments are on a primary 
                           basis                        
  ------------ ----------- ---------------------------- ---------------------

55. Band Plan II shares many of the favorable characteristics of Band
    Plan I as it also divides the licensed spectrum from the unlicensed
    spectrum. However, the segmentation of the band is different. Under
    Band Plan II, commercial users have full access to the 92-95 GHz
    band for unlicensed Part 15 use and two 900-megahertz licensed
    bands. This band plan also provides additional interference
    protection to the passive band receivers in the 86-92 GHz passive
    band. However, this band plan results in licensed non-Federal
    Government users having only a 600-megahertz wide separation rather
    than a 900-megahertz separation between paired bands.[^66] Table 6
    summarizes the Band Plan II option for the 92-95 GHz band.

  ------------- ----------- ------------------------- ----------------------
  Table 6: Band                                       
  Plan II                                             
  Option for                                          
  the 92-95 GHz                                       
  Band                                                

  Band          Bandwidth   Type of Use (Federal and  
                            non-Federal unlicensed    
                            use permitted throughout  
                            the 92-95 GHz band)       

                            Federal Government        non-Federal Government

  92.0-92.6 GHz 600 MHz     Primary assignments       No licensed use

  92.6-93.5 GHz 900 MHz     Secondary assignments,    Licensed on a primary
                            except on specified       basis
                            military installations    
                            where assignments are on  
                            a primary basis           

  93.5-94.0 GHz 500 MHz     Primary assignments       No licensed use

  94.0-94.1 GHz 100 MHz     Cloudsat and primary      No licensed use
                            radiolocation assignments 

  94.1-95.0 GHz 900 MHz     Secondary assignments,    Licensed on a primary
                            except on specified       basis
                            military installations    
                            where assignments are on  
                            a primary basis           
  ------------- ----------- ------------------------- ----------------------

56. Band Plan III, proposed by Boeing, provides licensees in the 92-95
    GHz band with access to 2,900 megahertz of spectrum, which is all of
    the 92-95 GHz band that can be allocated to the fixed and mobile
    services.[^67] It does not make any spectrum available for
    unlicensed use and thus, may not provide adequate protection for
    Federal operations in the 92-95 GHz band or for receivers in the
    adjacent 86-92 GHz passive band. However, Boeing argues that in
    order to provide very high, fiber-like data transmissions rates, the
    entire band must be made available.[^68] Boeing claims that any
    segmentation of the band would deny potential licensees the ability
    to realize fiber-like data transmission rates that are possible in
    this band.[^69] We seek comment on Boeing's proposed band plan for
    the 92-95 GHz band. Commenters supporting Boeing's proposal should
    address how its proposal could accommodate and address the concerns
    raised above with the Federal Government operations and operations
    in adjacent bands. Table 7 summarizes the Band Plan III option for
    the 92-95 GHz band

  ------------ ----------- ------------------------ ------------------------
  Table 7:                                          
  Band Plan                                         
  III Option                                        
  for the                                           
  92-95 GHz                                         
  Band                                              

  Band         Bandwidth   Type of Use              

                           Federal Government       Non-Federal Government

  92.0-94.0    2,000 MHz   Primary assignments      Licensed on a primary
  GHz                                               basis

  94.0-94.1    100 MHz     Cloudsat and primary     None
  GHz                      radiolocation            
                           assignments              

  94.1-95.0    900 MHz     Primary assignments      Licensed on a primary
  GHz                                               basis
  ------------ ----------- ------------------------ ------------------------

### 71-76 GHz and 81-86 GHz Bands 

57. Similarly, in developing a band plan for the 71-76 GHz and 81-86 GHz
    bands, we must consider that the 71-76 GHz and 81-86 GHz bands are
    allocated on a co-primary basis for Federal Government
    services.[^70] Although Loea claims that the Federal Government is
    not using these bands,[^71] we believe that any band plan proposal
    must consider the possibility that the Federal Government is
    currently operating or in the future will be operating in those
    bands and thus will require protection. We also must consider the
    proposed satellite allocations for these bands. Loea correctly
    states that there are no satellite services currently operating in
    these bands.[^72] Nonetheless, we believe that we must address the
    issue of protection for these co-primary services in the event
    Federal Government or satellite operators seek to use these bands in
    the future. Finally, we believe that the bands adjacent to the 71-76
    GHz and 81-86 GHz bands, especially the 86-92 GHz passive band, may
    require protection.

58. In the 36-51 GHz proceeding, the Commission addressed similar issues
    when it proposed a band plan for non-Government operations in the
    36.0-51.4 GHz band. Prior to the commencement of the 36-51 GHz
    proceeding, the band was allocated on a co-primary basis to the
    fixed, mobile, FSS and MSS services for Federal and non-Federal
    Government use.[^73] Therefore, the Commission had to consider the
    feasibility of sharing between the satellite and wireless services
    while sharing with the Federal Government.[^74] The Commission
    concluded that the public interest would be best served by providing
    separate primary designations for the satellite and wireless
    services, as well as the Federal Government services, because of the
    technical difficulties in sharing.[^75] In 2001, the Commission
    proposed a new band plan to reflect the decisions reached at
    WRC-2000.[^76] The Commission sought to provide satellite and
    terrestrial operators with greater certainty about the scope of
    operations in the band and also proposed specific PFD limits on
    satellite operations in specific portions of the band.[^77] In
    certain portions of the band where both wireless and satellite
    services share a co-primary allocation, the Commission proposed some
    sharing criteria.[^78] For example, in the 37.5-42.5 GHz band, the
    Commission proposed specific PFD limits for the satellite services
    in order to provide adequate protection for the wireless services in
    the band.[^79] We seek comment on whether this type of sharing
    criteria is appropriate for the 71-76 GHz and 81-86 GHz bands[^80]
    and whether it provides adequate protection for the co-primary
    services.

59. In its Petition, Loea asks the Commission to authorize licensees use
    of the entire bandwidth of the 71-76 GHz and 81-86 GHz bands.[^81]
    Loea claims that a service provider will need all ten-gigahertz of
    available spectrum in these bands in order to provide point-to-point
    access with sufficient throughput to meet local backhaul
    requirements beyond a three-year time horizon.[^82] Loea also claims
    that because the systems will use narrow "pencil-beams"
    transmission, it will be difficult to interfere with them.[^83]
    Loea, therefore, argues that with the low likelihood of interference
    there is no impetus for the Commission to subdivide the bands into
    channels.[^84] In further support of its request for the entire ten
    gigahertz of spectrum, Loea contends that leaving the bands
    undivided provides equipment developers with the greatest amount of
    flexibility to design systems.[^85] Loea also contends that there
    would be little to no advantage to a "spectrum grab" here because
    new competitors could enter a geographical location at any time and
    connect new points without causing, or being affected by, harmful
    interference from existing service providers in the same
    location.[^86] Boeing, Endwave and the Fixed Wireless Communications
    Coalition (FWCC) all filed comments supporting Loea's proposal to
    allow licensees in the band access to the entire ten gigahertz of
    available spectrum in these bands.[^87] Boeing notes, however, that
    interservice compatibility should be required, and it expresses its
    belief that sharing criteria should be easier to develop in these
    bands because of the nature of propagation in these bands.[^88]

60. We seek comment on Loea's proposal to authorize the entire 71-76 GHz
    and 81-86 GHz bands for fixed use.[^89] We specifically seek comment
    on whether Loea's band plan proposal for the 71-76 GHz and 81-86 GHz
    bands provides adequate protection for the Federal Government and
    non-Federal Government services that share the bands on a co-primary
    basis.[^90] We also seek comment on the extent to which we can
    implement sharing criteria between fixed services and other services
    authorized for the bands. We also seek comment on whether Loea's
    proposed band plan for the 71-76 GHz and 81-86 GHz bands provides
    adequate protection for the adjacent bands, especially the passive
    86-92 GHz band.

61. We also invite commenters to propose alternative band plans for this
    spectrum. We seek band plan proposals that will provide flexibility
    and efficient spectrum usage while providing adequate protection for
    the co-primary users described above. We also ask commenters to
    consider the bands adjacent to the 71-76 GHz and 81-86 GHz bands.
    Such a proposal may resemble our 92-95 GHz band plan proposal, in
    which adequate protection to the co-primary services described above
    and the adjacent bands is provided by dividing the spectrum into
    licensed and unlicensed use bands. Another possibility is a band
    plan resembling the 36-51 GHz proposal, in which the Commission
    provided PFD limits to protect co-primary users in certain portions
    of the band. Commenters may also consider proposing strict emission
    limitations to provide the necessary protection. Commenters are
    requested to provide detailed support for any band plan proposal.

## Proposed Service Rules for Unlicensed Bands 

62. As stated above, we have proposed to make the 92-95 GHz band
    available for unlicensed use. We are proposing rules for unlicensed
    operation in the 92-95 GHz band in Appendix B that are based on our
    existing regulations for the 57-64 GHz band.[^91] We believe that
    power levels for 57-64 GHz unlicensed operation are also appropriate
    for 92-95 GHz since they were based primarily on safety issues with
    respect to power densities.[^92] The proposed rules are structured
    to be as flexible as possible with no restrictions on the types of
    modulation or applications, except that these devices may not be
    used in aircraft or satellites.[^93] The prohibition on airborne and
    spaceborne use is necessary to protect in-band RAS observations.

63. We also seek comment on providing for operation of unlicensed
    devices in the 71-76 GHz and 81-86 GHz bands. We believe that
    unlicensed use of this spectrum could provide additional bandwidth
    for high capacity, short-range communications and other new and
    unique communications applications. One approach would be to permit
    unlicensed operation in these bands under the same rules (including
    technical parameters) that we are proposing for unlicensed operation
    in the 92-95 GHz. We request comment on this option and ask that
    commenting parties specifically address the operating parameters
    that should be specified for unlicensed devices in the 71-76 GHz and
    81-86 GHz bands.

## Proposed Rules for Licensed Bands

### Introduction

64. With the increasing demand for radio spectrum, our spectrum
    management activities must focus on promoting more efficient use of
    the spectrum and increasing the amount of spectrum available for new
    services while continuing to ensure access to adequate spectrum for
    essential incumbent services. With these goals in mind, we hereby
    propose new service rules that we believe provide a flexible and
    efficient approach to spectrum management. We believe a flexible
    approach will allow licensees freedom to determine the services to
    offer and the technologies to use in providing these services. We
    also believe that any approach we take must be consistent with our
    responsibility to promote provision of communications services to
    all Americans in all parts of the United States and to promote
    diverse ownership of communications service providers via a variety
    of platforms. We seek an approach that will allow licensees to make
    the most efficient use of their assigned spectrum in response to
    market forces and that will advance the public interest.

### Operational Rules

#### Geographic Area Licensing

65. Loea and the other commenters favor a site-by-site-only licensing
    scheme in these bands.[^94] Loea contends that geographic area
    licensing would only succeed in keeping competing providers out of
    an area.[^95] Under Loea's proposal, potential applicants would send
    applications to coordinators prior to filing an application.[^96] If
    interference were predicted, the application would be amended at the
    coordination stage.[^97] Loea believes that there is little
    likelihood of interference because the point-to-point systems
    operating in these bands would use very narrow "pencil-beams" to
    transmit data.[^98] These pencil-sized beams will allow licensees to
    be located closely together.[^99] Therefore, Loea argues that a
    site-by-site-only licensing scheme would enable an infinite number
    of providers to be authorized in the spectrum.[^100] We seek comment
    on this proposal.

66. Alternatively, we seek comment on whether to define licenses in the
    licensed portions of the 71-76 GHz, 81-86 GHz, 92-94 GHz and 94.1-95
    GHz bands on the basis of geographic areas. Our experience has been
    that geographic area licensing affords licensees substantial
    flexibility to respond to market demand and may result in
    significant improvements in spectrum utilization.[^101] We believe
    that geographic area licensing allows licensees to coordinate usage
    of the spectrum across an entire geographic area to maximize the use
    of spectrum in areas of highest demand. Geographic area licenses
    also provide the flexibility to dynamically adjust spectrum usage
    depending upon market demands. Such adjustments may be significantly
    more difficult under a site-by-site licensing regime, where prior
    Commission approval is needed before a licensee can address growth
    or changes in demand.

67. We note that the 71-76 GHz, 81-86 GHz and 92-95 GHz bands are
    allocated to Federal Government services on a co-primary basis.
    However, we believe that any government use in these bands would be
    limited in both area and frequency. Therefore, we ask whether it
    would be appropriate to use a geographic area licensing scheme in
    the 71-76 GHz, 81-86 GHz, 92-94 GHz and 94.1-95 GHz bands, except in
    a limited number of defined frequencies or areas where, upon
    successful coordination with the Federal Government, licensees would
    use a site-by-site licensing scheme. We seek comment on whether this
    hybrid approach would provide the flexibility of geographic
    licensing while ensuring protection for the Federal Government
    services where necessary. We also ask commenters for alternative
    licensing schemes. For example, licensing by geographic area except
    in frequencies where the Federal Government is operating. In the
    limited spectrum where the Federal Government is operating, we then
    would require a geographic area licensee to apply for an individual
    station license.[^102] We also seek comment on whether allowing
    unlicensed use of any part of this band would allow even more
    flexibility and promote more innovation than either geographic area
    or site-by-site licensing.[^103]

68. We believe that an exclusive site-by-site-only licensing scheme
    could impose administrative burdens on the Commission and applicants
    for the spectrum. In each of these bands, the path lengths will be
    so short that site-by-site licensing may require an entity to obtain
    hundreds or thousands of authorizations in a given area to
    effectuate a business plan. Moreover, Section 8 of the Act[^104]
    requires an application fee for each application, and Section 9 of
    the Act[^105] requires a regulatory fee for each license. Under
    these circumstances, requiring a separate license for each path
    could impose substantial expenses on licensees and reduce the
    flexibility that licensees would need in order to respond rapidly to
    changing market conditions. Conversely, we believe geographic area
    licensing could reduce the administrative burdens by reducing the
    number of authorizations licensees must obtain to operate a system.
    Geographic area licensing would also allow licensees to establish
    new links without obtaining prior Commission approval (except in
    those areas where coordination with the Federal Government would be
    required).

69. Loea argues that administrative burdens could be reduced if we
    delegated a significant portion of the licensing process to an
    independent third-party coordinator.[^106] In support of this
    argument, Loea provides an economic study by HAI Consulting, Inc.
    (HAI).[^107] The HAI Paper provides that this third party would be
    part of a joint venture of the licensees and would provide spectrum
    management services and contract with the licensees to do so.[^108]
    HAI claims that by making the coordinator the creature of the
    potential users of the spectrum, the Commission avoids having to
    regulate them.[^109] Even if we did agree that delegating a
    significant portion of the licensing process to a third party could
    resolve the Commission's administrative burden, it may not resolve
    the substantial and costly burdens that site-by-site licensing
    imposes on potential licensees. In addition, a coordinator would
    have to function in accordance with the technical licensing criteria
    codified in our Rules.[^110] In order to change any criteria in our
    Rules, we would have to institute a rulemaking proceeding as
    technology evolves. We seek comment on the costs and burdens
    associated with site-by-site licensing.

70. Loea and the commenters also argue that geographic area licensing
    would unduly restrict the number of providers who could provide
    service in the market. Specifically, they argue because of the
    ability to reuse the spectrum a very large number of times in a
    given area, licensing the spectrum to a single licensee in a given
    area would create an "artificial scarcity" that would create an
    undue "tax" on the users of the spectrum."[^111] This argument,
    however, ignores possible licensing mechanisms such as band managers
    that can be used to provide service to a greater possible number of
    users. We also note that Loea and the other commenters are seeking
    at least 10,000 MHz of spectrum. We believe that it could be more
    efficient to license such a large amount of spectrum on a geographic
    area basis. In light of these considerations, we seek comment on
    whether using a site-by-site licensing scheme exclusively would be
    appropriate for the 71-76 GHz, 81-86 GHz and 92-95 GHz bands.

71. In the event we license the vast majority of this spectrum on the
    basis of geographic areas, we request comment on the most
    appropriate geographic area licensing scheme for the 71-76 GHz,
    81-86 GHz and 92-95 GHz bands. When establishing geographic service
    areas, we must balance the competing concerns of those entities that
    desire large service areas with those entities that seek small
    service areas. Large service areas, such as nationwide licenses,
    EAs, REAs,[^112] and EAGs,[^113] can achieve certain economies of
    scale and increased efficiencies compared to smaller service
    areas.[^114] However, small service areas, such as MSAs, RSAs, and
    CEAs,[^115] may encourage rapid service deployment to less populated
    and rural regions of the nation. We also believe that in some cases,
    smaller service areas could permit additional opportunities for
    small businesses to provide service in the bands and thus, more
    varied groups of service providers. Moreover, the use of small
    service areas may permit the meaningful participation of small
    businesses in the bands better than through the use of nationwide or
    regional service areas because the smaller service areas will likely
    require a lower minimum investment. Thus, smaller service areas may
    permit the dissemination of licenses among a wide variety of
    applicants.[^116] We seek comment on whether small service areas
    would permit the efficiencies necessary to support the cost of
    providing fixed wireless service.

72. Alternatively, we seek comment on whether we should adopt a
    licensing plan where the geographic service areas vary in size. As
    explained in the Band Plan section, we could adopt a segmented band
    plan. If such a band plan were adopted, we seek comment on whether
    adoption of a large service area for one licensed segment of the
    band and a smaller service area for the remaining licensed
    segment(s) of the band would be appropriate. Commenters supporting a
    licensing plan where the geographic service areas vary in size
    should indicate their reasons for such an approach as well as the
    amount of spectrum that would be appropriate for the service area
    designation.

73. We ask commenters to consider service areas that will promote
    efficient spectrum usage and flexibility. We wish to ensure service
    to rural areas[^117] and to promote investment in and rapid
    deployment of technologies and services to all underserved
    areas.[^118] Commenters that support licensing based on service
    areas other than those discussed above should explain why other
    types of service areas are more appropriate for this band.

#### Eligibility

##### Foreign Ownership

74. Sections 310(a) and 310(b) of the Act, as modified by the
    Telecommunications Act of 1996, impose foreign ownership and
    citizenship requirements that restrict the issuance of licenses to
    certain applicants.[^119] Licensees in the 71-76 GHz, 81-86 GHz and
    92-95 GHz will be subject to section 310(a) and, depending upon the
    rules established in this proceeding, may be subject to Section
    310(b).[^120] An applicant requesting authorization only for
    non-common carrier or non-broadcast services would be subject to
    Section 310(a) but not to the additional prohibitions of Section
    310(b). An applicant requesting authorization for broadcast or
    common carrier services would be subject to both Sections 310(a) and
    310(b).

75. Further, we note that in response to the commitments under the World
    Trade Organization (WTO) Basic Telecommunications Agreement, the
    Commission liberalized its policy for applying its discretion with
    respect to foreign ownership of common carrier radio licensees under
    Section 310(b)(4).[^121] Under our new policy, the Commission now
    presumes that ownership by entities from countries that are WTO
    members serves the public interest.[^122] Ownership by entities from
    countries that are not WTO members continues to be subject to the
    \"effective competitive opportunities\" potential established
    earlier by the Commission.[^123]

76. In the filing of an application under the proposed service rules, we
    seek to require common carriers and non-common carriers to comply
    with similar reporting obligations. In order to foster regulatory
    parity and transparency, we believe we should require all applicants
    to file changes in foreign ownership information to the extent
    required by Part 101 of our Rules. In light of the ability of Part
    101 licensees to provide both common carrier and non-common carrier
    services, our Rules require all licensees to report alien ownership
    on a consistent basis, to better enable the Commission to monitor
    compliance.[^124] By establishing parity in reporting obligations,
    however, we do not propose a single, substantive standard for
    compliance. Thus, by way of example, we do not believe we should
    disqualify an applicant requesting authorization exclusively to
    provide non-common carrier services from obtaining a license simply
    because its citizenship information would disqualify it from a
    common carrier or broadcast license. We request comment on this
    proposal.

##### Eligibility Restrictions

77. We believe that opening the 71-76 GHz, 81-86 GHz and 92-95 GHz bands
    to as wide a range of applicants as possible will encourage
    entrepreneurial efforts to develop new technologies and services,
    while helping to ensure efficient spectrum use. Nevertheless, in
    addressing this eligibility issue, we seek to determine whether open
    eligibility imposes a significant likelihood of substantial
    competitive harm in specific markets, and, if so, whether
    eligibility restrictions are an effective way to address that harm.
    We believe we should rely on competitive market forces to guide
    license assignment absent a compelling showing that regulatory
    intervention to exclude potential participants is necessary. When
    granting the Commission authority in Section 309(j) of the Act to
    auction wireless spectrum, Congress acknowledged our authority to
    "\[specify\] eligibility and other characteristics of such
    licenses."[^125] However, Congress specifically directed the
    Commission to exercise that authority so as to "promot\[e\] . . .
    economic opportunity and competition."[^126] Congress also
    emphasized this pro-competitive policy in Section 257, where it
    articulated a "national policy" in favor of "vigorous economic
    competition" and the elimination of barriers to market entry by a
    new generation of telecommunications providers.[^127]

78. Toward that end, the Commission has created a standard for
    determining whether an eligibility restriction is warranted for
    certain services.[^128] Specifically, this standard demands that an
    eligibility restriction be imposed only when there is significant
    likelihood of substantial harm to competition in specific markets
    and when the restriction will be effective in eliminating that
    harm.[^129] The effective competition standard involves much more
    than examining market power. In addition, the test entails examining
    other relevant market facts and circumstances: economic incentives,
    barriers to entry, and potential competition.[^130] Because we are
    unsure of the exact type of services that will operate in the
    subject bands, we are unable to conclude whether open eligibility
    poses a significant likelihood of substantial competitive harm in
    specific markets or whether eligibility restrictions are an
    effective way to address substantial competitive harm. Accordingly,
    we seek comment on whether any eligibility restrictions are
    appropriate for the 71-76 GHz, 81-86 GHz and 92-95 GHz bands.
    Commenters advocating imposition of eligibility restrictions should
    specify the level of restrictions that would address any perceived
    harm.[^131]

##### Band Managers 

79. We also seek comment, in the event we adopt a geographic area
    licensing scheme, on whether licensing to band managers[^132] would
    be appropriate. In the *BBA Report and Order*, the Commission
    recognized band managers as a future option for spectrum
    licensing.[^133] Because the technology for these bands is new and
    developing, we believe a flexible regulatory approach is necessary
    to allow development of applications for the optimal public benefit.
    In this connection, we seek comment on whether permitting an entity
    to hold a license in these bands as a band manager would be
    appropriate.

80. We note that Loea made comments opposing the band manager
    concept.[^134] Specifically, Loea contends that the technological
    applications in the Upper Millimeter Wave band require "large
    vertical slices" of spectrum thereby reducing the number of viable
    spectrum managers.[^135] Loea further argues that giving a band
    manager exclusive use of the spectrum in a geographic area gives it
    a monopoly in the area.[^136] We seek comment on whether, on the
    other hand, a band manager could actually enhance accessibility by
    third parties interested in providing service using this spectrum.
    In this regard, we seek comment on whether a band manager could
    perform many of the functions that Loea proposes be delegated to a
    coordinator. We seek comment generally on the feasibility, if we
    decide on geographic area licensing, of providing licensees in these
    bands with the option of electing to operate either as a band
    manager or as a regular non-band manager licensee.[^137]

81. If we allow band manager licensees in the 71-76 GHz, 81-86 GHz and
    92-95 GHz bands, we seek comment on the rules that should apply to
    band managers in these bands. Additionally, we seek comment on how
    rules for band managers should differ from the rules applicable to
    700 MHz Guard Band Managers.[^138] For example, we ask whether we
    should also implement safeguards, similar to those in Part 27 of our
    Rules, to ensure that a band manager's core function remains focused
    on leasing.[^139] We also seek comment on whether it is necessary to
    provide additional safeguards to prevent a band manager from
    discriminating among spectrum users.[^140] We note that in the *27
    MHz Report and Order*, we declined to apply several rules to band
    managers in those bands that do apply to 700 MHz Guard Band
    Managers.[^141] We seek comment on which Part 27 Rules relating to
    band managers should apply to band managers in these bands. In
    addition, we request comment on the type of information to include
    in agreements between band mangers and spectrum users.[^142]
    Finally, we seek comment on whether we should require band managers
    to file annual reports on their spectrum usage with the
    Commission.[^143] The annual reports would enable the Commission to
    ensure that spectrum is not being warehoused or otherwise not being
    made available despite existing demand.[^144]

#### Canadian and Mexican Coordination

82. Section 2.301 of our Rules requires stations using wireless
    frequencies to identify their transmissions with a view to
    eliminating harmful interference and generally enforcing applicable
    wireless treaties, conventions, regulations, arrangements, and
    agreements.[^145] At this time, there are no international
    agreements between and among the United States, Mexico and Canada
    concerning the reallocation of the 71-76 GHz, 81-86 GHz and 92-95
    GHz spectrum. We believe we should adopt interim requirements for
    licensees along these borders. Additionally, we believe we should
    require these licensees to comply with the provisions contained
    within future agreements between and among the three countries.
    Until such time as agreements between the United States, Mexico and
    Canada become effective, we propose to apply the same technical
    restrictions at the border that we adopt for operation between the
    geographic service areas.[^146] Generally, operations must not cause
    harmful interference across the border. We note that further
    modification might be necessary in order to comply with future
    agreements with Canada and Mexico regarding the use of this band. We
    seek comments on these issues. Additionally, we request comment on
    alternative interim requirements that would eliminate harmful
    interference to countries along our borders.

#### License Term and Renewal Expectancy

83. We seek comment on the appropriate license term for licensees in the
    71-76 GHz, 81-86 GHz and 92-95 GHz bands. We note that licenses
    authorized under Part 101 of our Rules are licensed for a period of
    ten years.[^147] In addition, if we adopt a licensing scheme under
    which a licensee obtains the exclusive right to use spectrum, we
    seek comment on creating a renewal expectancy similar to that
    afforded to licensees in the Local Multipoint Distribution Service
    (LMDS). For LMDS licensees, we concluded that a renewal applicant
    shall receive a preference or renewal expectancy if the applicant
    has provided substantial service during its past license term and
    has complied with the Act and applicable Commission rules and
    policies.[^148] We believe that a ten-year license term, combined
    with a renewal expectancy, could help to provide a stable regulatory
    environment that will be attractive to investors and, thereby,
    encourage development of this frequency band.

84. If we adopt a renewal expectancy, we propose that the renewal
    application of a licensee in the 71-76 GHz, 81-86 GHz and 92-95 GHz
    bands must include, at a minimum, the following showings in order to
    request a renewal expectancy:

     A description of current service in terms of geographic coverage
    and population served or links installed and a description of how
    the service complies with the substantial service requirement.

     A description of the licensee's investments in its system(s).

     Copies of any Commission Orders finding the licensee to have
    violated the Communications Act or any Commission rule or policy,
    and a list of any pending proceedings that relate to any matter
    described by the requirements for the renewal expectancy.[^149]

     If applicable, a description of how the licensee has complied with
    the build-out requirement.

85. Under our proposal, in the event that a licensee partitions or
    disaggregates[^150] its license, a partitionee or disaggregatee may
    only hold its license for the remainder of the partitioner\'s or
    disaggregator\'s original license term.[^151] Further, applications
    requesting approval for partitioning or disaggregation must include
    a certification by each party that it will satisfy the construction
    requirements established in this proceeding. This approach is
    similar to the partitioning provisions the Commission adopted for
    licensees in the 39 GHz band,[^152] 24 GHz band,[^153] and
    LMDS.[^154] We provide these provisions because we do not believe
    that a licensee, by partitioning or disaggregating, should be able
    to confer greater rights than it was awarded under the terms of its
    license grant. We seek comment on this approach.

#### Construction and Coverage Requirements

86. We seek comment on what, if any, construction and/or minimum
    coverage requirements should apply to licensees in these bands. If
    we allow licensees to acquire exclusive use of spectrum in an area,
    we seek comment on whether we should require licensees to satisfy a
    substantial service requirement or a minimum coverage requirement in
    the 71-76 GHz, 81-86 GHz and 92-95 GHz bands as a condition of
    license renewal. We have imposed such requirements on licensees in
    other services to ensure effective and efficient spectrum use and
    prompt implementation of service.[^155] We seek comment on whether
    we should require licensees to provide "substantial service" to the
    geographic license area within the license term that we adopt for
    this service. We have defined substantial service as "service which
    is sound, favorable, and substantially above a level of mediocre
    service which just might minimally warrant renewal."[^156] Further,
    we seek comment on whether there should be an alternative, safe
    harbor standard. We ask commenters supporting a safe harbor standard
    to specify the type of safe harbor standard we should provide. We
    also seek comment on whether such a safe harbor standard should
    apply to band managers as well as traditional licensees or whether
    we need to apply a different safe harbor to band managers. In
    addition, we seek comment on whether a partitionee or disaggregatee
    should be bound by the standard, either substantial service or a
    construction requirement, for its partitioned or disaggregated
    license. Finally, we propose that licensees who fail to comply with
    the adopted standard will not have their licenses renewed.[^157]
    These standards promote efficient spectrum usage and maximize
    opportunities for new services and technologies in the 71-76 GHz,
    81-86 GHz and 92-95 GHz bands. Moreover, we propose that any
    exclusive licensee who loses its license for failure to comply with
    the adopted standard, will be prohibited from holding that same
    license for the same territory in the future.[^158] We seek comment
    on these proposals.

87. If we decide to license the spectrum in these bands on a
    site-by-site basis, we seek comment on whether to apply the
    construction requirements set forth in Section 101.63 of our Rules.
    Section 101.63 provides, *inter alia*, that licensees authorized
    under Part 101 of our Rules must be in operation within 18 months
    from the initial date of grant.[^159] Section 101.63 further
    provides that failure to timely begin operation of the station will
    result in the automatic cancellation of that authorization.[^160] We
    seek comment on this construction requirement, as well as
    alternative construction requirements, for site-based licenses in
    these bands.

#### Individual Station Licenses

88. In the event we adopt a geographic area licensing scheme for the
    71-76 GHz, 81-86 GHz and 92-95 GHz bands, we seek comment on
    circumstances under which such licensees would be required to obtain
    individual station licenses within its geographic area. Under
    geographic area licensing, the licensee has exclusive use of its
    assigned spectrum to operate within its original geographic service
    area. Ordinarily, licensees may operate without filing an
    application for each individual station within its service area.
    Nonetheless, we believe there are situations in which we will
    require licensees to obtain an individual station license for a
    particular station within its geographic service area. We believe
    those instances include: (1) applications requiring submission of an
    Environmental Assessment,[^161] (2) international
    coordination,[^162] (3) operation in quiet zones,[^163] or (4)
    coordination through the Commission with IRAC.[^164] We believe the
    applicant, in the first instance, is in the best position to
    determine the nature of its operations and whether those operations
    impact environmental rules, quiet zone rules, etc. Accordingly, we
    tentatively conclude that the licensee must determine whether its
    proposed operations and location require an individual station
    license for which it must file an individual application. We further
    propose to apply this requirement to both new stations and station
    modifications. We request comment on this tentative conclusion and
    proposal.

#### Application of Title II Requirements to Common Carriers

89. We also seek comment on whether we should forbear from applying
    certain obligations on common carrier licensees in the 71-76 GHz,
    81-86 GHz and 92-95 GHz bands pursuant to Section 10 of the
    Act.[^165] In the case of CMRS providers, the Commission concluded
    that it was appropriate to forbear from Sections 203, 204, 205, 211,
    212, and most applications of Section 214.[^166] The Commission,
    however, declined to forbear from enforcing other provisions,
    including Sections 201 and 202.[^167] The Commission also has
    exercised its forbearance authority in permitting competitive access
    providers and competitive local exchange carriers to file permissive
    tariffs.[^168] We seek comment on whether it is appropriate to
    forbear from enforcing any provisions of the Act or the
    Commission\'s Rules in these bands.

90. Before forbearing from applying any section of Title II, Section
    10(a) requires the Commission to find each of the following
    conditions:

-   Enforcement of such regulation or provision is not necessary in
    order to ensure that the charges, practices, classifications, or
    regulations by, for or in connection with that telecommunications
    carrier or telecommunication service are just and reasonable and are
    not unjustly or unreasonably discriminatory;[^169]

-   Enforcement of such regulation or provision is not necessary for the
    protection of consumers;[^170] and

-   Forbearance from applying such regulation or provision is consistent
    with the public interest.[^171]

    Accordingly, any proposal to forbear from enforcing any provisions
    of the Act or our Rules must address the conditions annunciated in
    Section 10(a) of the act.

#### Partitioning and Disaggregation

91. We propose to allow licensees to partition their service areas and
    to disaggregate their spectrum. We seek comment on whether
    geographic partitioning and spectrum disaggregation could result in
    efficient spectrum use. We note that we allow partitioning and
    disaggregation in other microwave services, such as the 39 GHz
    Service[^172] and LMDS.[^173] We also seek comment on whether our
    proposed approach will provide a means to overcome entry barriers
    through the creation of smaller licenses that require less capital,
    thereby facilitating greater participation by rural telephone
    companies and smaller entities, many of which are owned by
    minorities and women.[^174] We are mindful of the concerns of the
    rural telecommunications community concerning the effectiveness of
    partitioning and disaggregation in facilitating service to rural
    areas. We intend to develop a more current and substantial record on
    the Commission's mandate to ensure that rural telecommunication
    companies are given the opportunity to participate in the provision
    of spectrum-based services pursuant to Section 309(j)(4)(d) of the
    Act.[^175] Accordingly, we plan to initiate a Notice of Inquiry
    regarding a number of topics related to the provision of
    spectrum-based service to rural areas.[^176]

92. We seek comment on the advantages and disadvantages of allowing
    partitioning and disaggregation in these bands. In addition, we seek
    comment on our proposal to apply the unjust enrichment provisions of
    Section 1.2111 of our Rules in the event a licensee that received a
    bidding credit chooses to partition its license or disaggregate its
    spectrum to an entity that is not eligible for such a bidding
    credit.

### Technical and Operational Rules

#### Regulation Under Part 101

93. Loea and the commenters propose that we regulate these bands under
    Part 101 of our Rules.[^177] We tentatively conclude that regulation
    under Part 101 of our Rules is appropriate. As noted by the
    commenters, there are similarities between the services contemplated
    in these bands and existing fixed microwave services such as the 39
    GHz service, which is regulated under Part 101 of our Rules. We seek
    comment on whether we should regulate primary fixed uses in this
    band pursuant to Part 101 of our Rules,[^178] as we have
    traditionally done for fixed, point-to-point, and
    point-to-multipoint microwave operations. We ask commenters to
    discuss the advantages and disadvantages of regulating this service
    pursuant to Part 101. We also solicit suggestions on other methods
    to regulate the band, along with the advantages and disadvantages
    thereof. We also seek comment on whether certain technical rules
    would be unnecessary in the event we allow band managers to be
    licensees.

94. We note that none of the commenters discussed mobile operations in
    the 71-76 GHz, 81-86 GHz and 92-95 GHz bands. However, as stated
    above, this spectrum is allocated for fixed and mobile services. In
    accordance with our goal of providing maximum practicable
    flexibility, we seek comment on whether it would be appropriate to
    establish rules to regulate mobile operation in the spectrum. We ask
    commenters to discuss the advantages and disadvantages of
    establishing rules to regulate mobile service in the 71-76 GHz,
    81-86 GHz and 92-95 GHz bands. We also ask commenters that support
    service rules for mobile service to propose specific technical and
    operational rules for mobile service.

#### Technical Rules

95. As stated above, we propose to apply our Part 101 rules to govern
    the use of new services in the 71-76, 81-86 and 92-95 GHz bands,
    except as they may be modified as a result of this proceeding.
    Because we do not exactly know the type of services that will use
    the 71-76, 81-86 and 92-95 GHz bands, we believe it is appropriate
    to solicit comments on possible technical requirements for
    operations on these bands. While it is our tentative view that most
    technical issues are addressed by the current rules, there are
    several rules discussed below that should be considered. We solicit
    comments, however, on all technical parameters that should apply to
    operations at 71-76, 81-86 and 92-95 GHz.

96. Loea's proposed technical rules are supported by FWCC and Pacific
    LightNet.[^179] Generally, DMC Stratex Networks also supported
    Loea's proposed technical rules but believes further study is needed
    before any final values are set in the rules.[^180] Boeing, however,
    contends that the parameters Loea proposed only reflect Loea's
    proposed system and were likely not designed in order to maximize
    compatibility with other systems and services.[^181] Boeing states
    that the Commission should adopt technical rules that are
    independent and neutral, thus permitting the licensing of competing
    and diverse systems and services.[^182]

97. *Channelization Plan*. As provided above, we propose segmentation of
    the 92-95 GHz band in order to provide adequate protection to users
    in the adjacent spectrum and to the co-primary Federal Government
    and non-Federal Government users in the band.[^183] However, at this
    time we do not propose segmentation of the 71-76 GHz and 81-86 GHz
    bands. The commenters argue that we should not impose a
    channelization plan on these bands because licensees will need
    access to the entire spectrum in order to obtain the very high
    throughput they will need to provide fiber-like services.[^184] In
    particular, Boeing states that the entire available bandwidth must
    be made available "if true equivalence and compatibility with fiber
    is to be achieved."[^185] We seek comment on whether a
    channelization plan would impede the flexibility of licensees to
    provide innovative services in these bands. We also seek comment on
    assertions that a channelization plan is unnecessary because of the
    ability to have high reuse of these bands in a limited area.[^186]
    We seek comment on whether a channelization plan would enhance
    competition by allowing multiple licensees to effectively operate in
    the same area.

98. *Interference Protection Criteria*. In the 24 GHz band, where we
    licensed spectrum in geographic areas,[^187] we concluded that
    licensees must be assured reasonable and effective use of their own
    areas, while equally protecting the interests of other
    licensees.[^188] Accordingly, we created an interference protection
    criteria to ensure cooperation among licensees to minimize and
    resolve potential interference problems while obtaining the most
    efficient and effective use of the spectrum and authorized
    facilities.[^189] We prohibited all harmful interference to other
    users of co-channel and adjacent channel use in the same or adjacent
    geographical area.[^190] In addition, we require licensees in the 24
    GHz band to coordinate their facilities whenever the facilities have
    optical line-of-sight into other licensees' areas or are within the
    same geographic area.[^191] However, we provided a flexible approach
    in which the relevant licensees were allowed to mutually resolve
    their coordination problems with as little input from the Commission
    as possible.[^192] To the extent we use geographic area licensing,
    we propose to create a similar flexible approach for the 71-76 GHz,
    81-86 GHz and 92-95 GHz bands. We seek comment on the proposed
    interference protection criteria. To the extent we use site-by-site
    licensing in these bands, we also seek comment on the applicable
    interference protection criteria that should be used. In particular,
    we seek comment on whether any of the criteria in Section 101.105 of
    our Rules[^193] could be applied to these bands.

99. *Frequency Tolerance*. Loea proposes a frequency tolerance of 0.03
    percent for all fixed and mobile stations.[^194] Although Loea
    provides no basis for this proposal, we note that this is the same
    frequency tolerance we applied in the 31.3-40.0 GHz band. We believe
    that this frequency tolerance should provide the flexibility
    necessary for manufacturers to develop equipment in the 71-76 GHz,
    81-86 GHz and 92-95 GHz bands.[^195] We seek comment on the
    frequency tolerance proposed by Loea and other possible frequency
    tolerance criteria. For example, we could specify tight transmitter
    filter requirements to minimize transmissions of undesired
    harmonics, instead of specifying tight transmitter frequency
    tolerance.

100. *Restrictions on Total Radiated Power and Antenna Directionality.*
     Loea proposes to adopt a maximum EIRP of +55 dBW.[^196] Loea notes
     that this proposal is consistent with the EIRP limitation in the 39
     GHz band and several other bands.[^197] While this proposal is
     consistent with the EIRP limits set for 39 GHz licensees, we ask
     commenters, to the extent we adopt geographic area licensing, if
     there is a need for EIRP limitations in a band occupied only by
     geographic area licensees.[^198] If there is such a need, we seek
     comment on whether the proposed EIRP values are appropriate for the
     intended services in the 71-76 GHz, 81-86 GHz and 92-95 GHz bands.
     We also ask whether the proposed EIRP values provide adequate power
     for stations to transmit over typical distances for various types
     of applications, or whether the proposed maximum has the potential
     to produce harmful interference due, for instance, to scattering,
     when a large number of microwave paths criss-cross each other.

101. Loea also requests that the Commission specify a minimum 50 dBi
     gain and, consistently, a 0.6 degree half power beamwidth for the
     antennas used in the 71-76 and 81-86 GHz bands.[^199] Loea claims
     that instituting such a requirement will result in a gain that is
     12 dB higher than the other Part 101 regulated bands, thus
     regulating the sharing of spectrum by spatially narrowing the beams
     used to provide service.[^200] We seek comment on this proposal.
     Endwave argues that Loea has requested antenna specifications that
     are difficult to meet using available fabrication processes.[^201]
     Endwave contends that a minor relaxation of certain parameters
     proposed by Loea will reduce the antenna cost sharply, without
     degrading the characteristics that support the licensing
     approaches.[^202] Specifically, Endwave proposes that manufacturers
     should have the option of reducing antenna gain, so long as they
     cut maximum EIRP by twice the number of dB by which they reduce
     antenna gain. For example, it would be permissible to reduce
     antenna gain by 3 dB and EIRP by 6 dB, or antenna gain by 6 dB and
     EIRP by 12 dB.[^203] WCA supports Endwave's proposal for a minor
     relaxation of Loea's proposed parameters.[^204] We seek comment on
     the radiated power and directionality proposed by Loea and ask
     whether these parameters should also apply to the 92-95 GHz bands.
     We seek comment on whether there is a need for antenna gain
     regulation if we adopt geographic area licensing. To the extent
     commenters believe a minimum antenna gain requirement is necessary,
     we seek comment on Endwave's proposal to relax the technical
     parameters proposed by Loea.

102. *RF Safety*. We propose that licensees and manufacturers be subject
     to the RF radiation exposure requirements specified in Sections
     1.1307(b), 2.1091 and 2.1093 of our Rules,[^205] which list the
     services and devices for which an environmental evaluation must be
     performed. We seek comment on requiring routine environmental
     evaluations for RF exposure[^206] in the case of fixed operations,
     including base stations in cases where there is a possible safety
     risk if the installation of the transmitter antenna is not properly
     designed. We propose to do this by amending Table 1 of Section
     1.1307 of our Rules[^207] to require an evaluation if the ration is
     4P/A is greater than 1 mW/cm², where A is the area of the antenna
     in cm² and P is the power of the transmitter in mW. While other
     fixed transmitter evaluation requirements are based on an effective
     isotropic radiated power threshold, we believe that this ratio is a
     better indicator of health risk and will minimize the number of
     evaluations needed and hence decrease administrative burdens.

### Licensing Rules and Procedures

#### Incorporation by Reference of Part 1 of the Wireless Telecommunications Services Application and Procedural Rules

103. We propose to license portions of the 71-76 GHz, 81-86 GHz and
     92-95 GHz bands in conformity with the general application and
     procedure rules for wireless telecommunications set forth in Part
     1, Subpart F, of our Rules.[^208] We seek comment on whether any of
     our Part 1 Rules would be inappropriate for the licensed portion of
     these bands.

#### Competitive Bidding

##### Assignment of Licenses 

104. As discussed above, if we adopt a licensing mechanism that could
     result in the filing of mutually exclusive applications, we will
     resolve any mutually exclusive initial applications for licenses
     for the 71-76 GHz, 81-86 GHz and 92-95 GHz bands through the use of
     competitive bidding. Loea and its supporters are opposed to the
     concept of assigning licenses in the 71-76 GHz, 81-86 GHz and 92-95
     GHz bands via competitive bidding.[^209] Loea's provides three main
     reasons for its opposition. First, Loea argues that mutual
     exclusivity will not exist in these bands and therefore auctions
     are neither appropriate nor necessary.[^210] Loea claims there will
     be no mutual exclusivity because of the point-to-point nature of
     these paths and the nature of the propagation of the Upper
     Millimeter Wave bands.[^211] Specifically, Loea contends that in
     the Upper Millimeter Wave bands, harmful interference can be
     eliminated by reorientation of the antenna by tenths of degrees or
     relocation of the antenna by tenths of meters.[^212] Therefore,
     Loea concludes that even if two entities want to provide service
     over the same path, harmful interference can be avoided by
     judiciously routing the second path around the first.[^213]

105. Second, Loea argues that assignment of licenses via competitive
     bidding is not always beneficial to the consumer.[^214] In its
     paper, HAI concludes that an auction of the spectrum will, in
     effect, be an inefficient tax.[^215] HAI claims that such a tax
     increases the prices consumers pay and discourages investment in
     telecommunications and may conflict with other public policy goals,
     such as increasing competition.[^216] HAI also concludes that
     auctions have the potential to raise monopoly problems. Based on
     the HAI Paper, Loea argues that auctions reduce the ability of new
     service providers to enter the market, impairs the Commission'
     ability to reach spectrum goals and makes it less likely that
     consumers will be able to enjoy a variety of innovative services at
     reasonable cost.[^217] Boeing supports this conclusion and further
     argues that competitive bidding would only impose additional and
     unnecessary costs, both in terms of real dollars and delay, in the
     deployment of new services.[^218]

106. Finally, Loea argues that Section 309(j)(6) of the Act mandates
     that the Commission employ coordination or other services, rather
     than auctions, to avoid the potential for mutual exclusivity.[^219]
     It further contends that mutual exclusivity can be avoided by using
     a site-by-site licensing scheme.[^220] Accordingly, Loea concludes
     that there is no reason to assign the licenses by competitive
     bidding.

107. We nevertheless seek comment on competitive bidding rules for the
     71-76 GHz, 81-86 GHz and 92-95 GHz bands in case we adopt a
     licensing mechanism that could result in the filing of mutually
     exclusive applications. We note that Congress has mandated that we
     auction spectrum in order to resolve mutual exclusivity. The
     Balanced Budget Act of 1997 (BBA-97) revised the Commission's
     auction authority.[^221] Specifically, it amended Section 309(j) of
     the Act to require the Commission to grant licenses through the use
     of competitive bidding when mutually exclusive applications for
     initial licenses are filed, unless certain specific statutory
     exemptions apply.[^222] The BBA-97 also incorporated in Section
     309(j)(1) a reference to the Commission's obligation to avoid
     mutual exclusivity under Section 309(j)(6)(E) to use engineering
     solutions, negotiation, threshold qualifications, service
     regulations, or other means to avoid mutual exclusivity where it is
     in the public interest to do so.[^223] BBA-97 did not amend Section
     309(j)(3)'s directive to consider certain public interest
     objectives in identifying classes of licenses and permits to be
     issued by competitive bidding.[^224]

108. In the *BBA Report and Order*, the Commission established a
     framework for exercise of the Commission's auction authority, as
     expanded by the Balanced Budget Act.[^225] The *BBA Report and
     Order* affirmed that, in identifying which classes of licenses
     should be subject to competitive bidding, the Commission must
     pursue the public interest objectives set forth in Section
     309(j)(3).[^226] The *BBA Report and Order* also affirmed that, as
     part of this public interest analysis, the Commission must continue
     to consider alternative procedures that avoid or reduce the
     likelihood of mutual exclusivity.[^227] The Commission has
     concluded, however, that its obligation to avoid mutual exclusivity
     does not preclude it from adopting licensing processes in the
     non-exempt services that result in the filing of mutually exclusive
     applications where it determines that such an approach would serve
     the public interest.[^228]

109. In determining whether to assign licenses through competitive
     bidding in this proceeding, we intend to follow the approach set
     forth in the Balanced Budget Act proceeding regarding the exercise
     of our auction authority. We note, too, that subsequent to the
     adoption of Balanced Budget Act, the U.S. Court of Appeals for the
     D.C. Circuit concluded that the Section 309(j)(6)(E) obligation
     does not foreclose new licensing schemes that are likely to result
     in mutual exclusivity.[^229] The court stated that if the
     Commission finds such schemes to be in the public interest, it may
     implement them "without regard to Section 309(j)(6)(E) which
     imposes an obligation only to minimize mutual exclusivity 'in the
     public interest' and 'within the framework of existing
     policies.'"[^230] .

110. As stated earlier*,* we seek comment on whether to adopt a
     geographic area licensing scheme for the proposed licensed portion
     of the 71-76 GHz, 81-86 GHz and 92-95 GHz bands. We also seek
     comment on appropriate licensing approaches for these bands and
     whether such schemes would promote the objectives of Section
     309(j)(3), including promoting economic opportunities and
     competition by disseminating licenses among a wide variety of
     applicants. [^231] If we find that it would serve the public
     interest to implement a geographic area licensing scheme, under
     which mutual exclusivity is possible, then we must resolve mutually
     exclusive applications for initial licenses in the 71-76 GHz, 81-86
     GHz and 92-95 GHz bands through competitive bidding.

##### Incorporation by Reference of the Part 1 Standardized Auction Rules

111. If we adopt a licensing mechanism that could result in mutually
     exclusive applications, we propose to conduct any auction of
     initial licenses in the licensed portion of the 71-76 GHz, 81-86
     GHz and 92-95 GHz bands in conformity with the general competitive
     bidding rules set forth in Part 1, Subpart Q, of our Rules, and
     substantially consistent with the bidding procedures that we have
     employed in previous auctions.[^232] Specifically, we propose to
     employ our Part 1 Rules governing competitive bidding design,
     designated entities, application and payment procedures, reporting
     requirements, collusion issues, and unjust enrichment.[^233] Under
     this proposal, we propose to employ our Part 1 competitive bidding
     rules, as they may be modified in future Part 1 proceedings.[^234]
     In addition, consistent with current practice, the Wireless
     Telecommunications Bureau ("Bureau") would determine matters such
     as the appropriate competitive bidding design for the auction of
     these licenses, as well as minimum opening bids and reserve prices,
     pursuant to its delegated authority.[^235] We seek comment on
     whether any of our Part 1 Rules or other auction procedures would
     be inappropriate in an auction of licenses in these bands.

##### Designated Entity Provisions

112. In authorizing the Commission to use competitive bidding, Congress
     mandated that the Commission "ensure that small businesses, rural
     telephone companies, and businesses owned by members of minority
     groups and women are given the opportunity to participate in the
     provision of spectrum-based services."[^236] In addition, Section
     309(j)(3)(B) of the Act provides that in establishing eligibility
     criteria and bidding methodologies the Commission shall promote
     "economic opportunity and competition . . . by avoiding excessive
     concentration of licenses and by disseminating licenses among a
     wide variety of applicants, including small businesses, rural
     telephone companies, and businesses owned by members of minority
     groups and women."[^237] The Commission defines small business
     eligibility requirements on a service-specific basis taking into
     account the capital requirements and other characteristics of each
     particular service in establishing the appropriate threshold.[^238]

113. In this *Notice*, we propose rules for the 71-76 GHz, 81-86 GHz and
     92-95 GHz bands to allow their use for a broad range of purposes.
     We do not know precisely the types of services that licensees may
     seek in these bands or the business models that such entities may
     pursue which makes it difficult to forecast the capital
     requirements for these particular services. Nevertheless, we note
     that Loea promotes gigabit wireless access as a complement or
     supplement to optical fiber in urban, suburban, and even rural
     areas for a range of uses such as internet access or backhaul to
     cellular or PCS towers.[^239] To accomplish these goals, Loea
     envisions the deployment of highly directional, fixed
     point-to-point, high millimeter wave systems that would transmit
     narrow beams (typically less than 0.5 degrees beamwidth) with large
     bandwidths (of 5 GHz) along straight paths to cover relatively
     short distances (of 10 miles or less).[^240] Loea also contends
     that the technical characteristics of such systems allow for the
     operation of a vast number of users and paths in any given
     geographical area.[^241] Further, Endwave contends that high
     millimeter wave systems would be more cost effective than fiber,
     which typically costs approximately \$250,000 to \$ 1 million per
     mile to install in urban areas.[^242] The record suggests that
     proposed fixed services provided in the 71-76 GHz, 81-86 GHz and
     92-95 GHz bands may be somewhat similar to the fixed services
     provided in the 39 GHz Band, and thus, we believe the capital
     requirements associated with these bands will be similar to the
     capital requirements associated with the 39 GHz band. Because of
     this similarity, we propose to use the same small business
     standards that the Commission applied in the 39 GHz
     proceeding.[^243] In the 39 GHz proceedings, we defined a "very
     small business" as an entity with average annual gross revenue not
     exceeding \$15 million for the preceding three years and a "small
     business" as an entity with average annual gross revenues not
     exceeding \$40 million for the preceding three years.[^244] We seek
     comment on whether it is appropriate to use the same small business
     standards that were used in the 39 GHz proceeding or whether a
     different standard should be applied. We ask that any commenters
     proposing different small business standards to support their
     proposal with specific details.

114. If we ultimately adopt our proposed small business definitions we
     further propose to provide small businesses with a bidding credit
     of fifteen percent, and very small businesses with a bidding credit
     of twenty-five percent. Our proposed bidding credits are set forth
     in the standardized schedule in Part 1 of our Rules.[^245] We
     believe that these bidding credits will provide adequate
     opportunities for small businesses to participate in the
     auction.[^246]

115. In developing these proposals, we acknowledge the difficulty in
     accurately predicting the market forces that will exist at the time
     these frequencies are licensed. Thus, our forecasts of types of
     services that will be offered over the 71-76 GHz, 81-86 GHz and
     92-95 GHz bands may require adjustment depending upon ongoing
     technological developments and changes in market conditions. For
     these reasons, we invite interested parties to submit detailed
     information on the factors that may affect the capital requirements
     of the possible services that could be provided in the band. Such
     factors include the types of system architectures, equipment
     availability, and market conditions.

116. We also seek comment on whether these small business proposals are
     sufficient to promote participation by businesses owned by
     minorities and women, as well as rural telephone companies. To the
     extent that commenters propose additional provisions to ensure
     participation by minority-owned or women-owned businesses, they
     should address how such provisions should be crafted to meet the
     relevant standards of judicial review.[^247]

#### Application Processing

117. As noted previously, the 71-76 GHz, 81-86 GHz and 92-95 GHz bands
     allocation includes fixed and mobile service. Based on the record
     before us, we believe the technologies that will be employed
     primarily will be fixed broadband in nature.[^248] Accordingly, we
     propose to license these new services under Part 101 of our Rules.
     We recognize and anticipate that new technology may be developed to
     utilize these bands. Future technologies may blur both technical
     and regulatory distinctions resulting in technical and operational
     regulations that could inadvertently impinge on efficient spectrum
     use. Consequently, we seek to develop service rules that are not
     based on a Commission prediction of how the 71-76 GHz, 81-86 GHz
     and 92-95 GHz bands may ultimately be used, but instead reflect a
     record that enables us to establish maximum practicable
     flexibility. In light of these considerations, we seek comment on
     the following issues. Would the application of our Part 101 Rules
     to the 71-76 GHz, 81-86 GHz and 92-95 GHz bands be in the public
     interest by contributing to technological and service innovation
     and improving the national telecommunications infrastructure?[^249]
     Further, we seek comment on the benefits and costs, including
     potential interference, of such flexibility, and whether
     application of our Part 101 Rules is in the public interest. We
     seek comment on this proposal.

118. Additionally, we propose to use our Universal Licensing System
     (ULS)[^250] to process 71-76 GHz, 81-86 GHz and 92-95 GHz
     applications. ULS is the Commission\'s automated licensing system
     and integrated database for wireless services. ULS includes
     consolidated applications forms, which permit licensees and
     applicants to file applications electronically, thus increasing the
     speed and efficiency of the application process. All licensees
     filing applications and other filings using FCC Forms 601 through
     605 or associated schedules must make these filings in accordance
     with ULS.[^251] Use of ULS will permit Commission staff to process
     filings more efficiently and will enhance the availability of
     pertinent licensing information to the public. We seek comment on
     requiring the 71-76 GHz, 81-86 GHz and 92-95 GHz applicants to
     comply with our ULS processes.

## PROCEDURAL MATTERS

### Initial Regulatory Flexibility Analysis

119. As required by Section 603 of the Regulatory Flexibility Act, the
     Commission has prepared an Initial Regulatory Flexibility Analysis
     (IRFA) of the expected impact on small entities of the proposals
     suggested in this document.[^252] The IRFA is set forth in
     Appendix A. Written public comments are requested on the IRFA. In
     order to fulfill the mandate of the Contract with America
     Advancement Act of 1996 regarding the Final Regulatory Flexibility
     Analysis, we ask a number of questions regarding the prevalence of
     small businesses in the affected industries.

120. Comments must be filed in accordance with the same filing deadlines
     as comments filed in this *Notice*, but they must have a separate
     and distinct heading designating them as responses to the IRFA. The
     Commission's Consumer Information Bureau, Reference Information
     Center, SHALL SEND a copy of this *Notice*, including the IRFA, to
     the Chief Counsel for Advocacy of the Small Business Administration
     in accordance with Section 603(a) of the Regulatory Flexibility
     Act.[^253]

### Paperwork Reduction Analysis

121. This *Notice* contains either a proposed or modified information
     collection. As part of our continuing effort to reduce paperwork
     burdens, we invite the general public and the Office of Management
     and Budget ("OMB") to take the opportunity to comment on the
     information collections contained in this *Notice*, as required by
     the Paperwork Reduction Act of 1995.[^254] Public and agency
     comments are due at the same time as other comments on this
     *Notice*; OMB comments are due sixty days from the date of
     publication of this *Notice* in the Federal Register. Comments
     should address:

-   Whether the proposed collection of information is necessary for the
    proper performance of the functions of the Commission, including
    whether the information shall have practical utility;

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-   The accuracy of the Commission\'s burden estimates;

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-   Ways to enhance the quality, utility, and clarity of the information
    collected; and

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-   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.

122. Written comments by the public on the proposed and/or modified
     information collections are due ninety days after the date of
     publication in the Federal Register. Written comments must be
     submitted by the OMB on the proposed and/or modified information
     collections on or before sixty days after the date of publication
     in the Federal Register. In addition to filing comments with the
     Secretary, a copy of any comments on the information collections
     contained herein should be submitted to Judy Boley Herman, Federal
     Communications Commission, Room 1-C804, 445 12^th^ Street, S.W.,
     Washington, D.C. 20554, or via the Internet to jbherman@fcc.gov,
     and to Jeannette Thornton, OMB Desk Officer, Room 10236 New
     Executive Office Building, 725 Seventeenth Street, N. W.,
     Washington, D.C. 20503, or via the Internet to jthornto@mb.eop.gov.

### *Ex Parte* Rules -- Permit-But-Disclose Proceedings

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

### Comment Dates

124. Pursuant to Sections 1.415 and 1.419 of our Rules, interested
     parties may file comments on or before **90 days from the date of
     publication in the Federal Register** and reply comments on or
     before **135 days from the date of publication in the Federal
     Register**.[^255] Comments may be filed using the Commission\'s
     Electronic Comment Filing System (ECFS),
     <http://www.fcc.gov/e-file/ecfs.html>, or by filing paper
     copies.[^256]

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

126. Parties who choose to file by paper must file an original and four
     copies of each filing. If more than one docket or rule making
     number appear in the caption of this proceeding, commenters must
     submit two additional copies for each additional docket or
     rulemaking number. Filings can be sent by hand or messenger
     delivery, by commercial overnight courier, or by first-class or
     overnight U.S. Postal Service mail (although we continue to
     experience delays in receiving U.S. Postal Service mail). The
     Commissioner's contractor, Vistronix, Inc., will receive
     hand-delivered or messenger-delivered paper filings for the
     Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite
     110, Washington, D.C. 20002. The filing hours at this location are
     8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
     with rubber bands or fasteners. Any envelopes must be disposed of
     before entering the building. Commercial overnight mail (other than
     U.S. Postal Service Express Mail and Priority Mail) must be sent to
     9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
     Service first-class mail, Express Mail, and Priority Mail should be
     addressed to 445 12th Street, S.W., TW‑A325, Washington,
     D.C. 20554. All filings must be addressed to the Commissioner's
     Secretary, Office of the Secretary, Federal Communications
     Commission.

127. Parties who choose to file by paper should also submit their
     comments on diskette. Such a submission should be on a 3.5-inch
     diskette formatted in an IBM compatible format using Microsoft Word
     or compatible software. The diskette should be accompanied by a
     cover letter and should be submitted in "read only" mode. The
     diskette should be clearly labeled with the commenter's name,
     proceeding (including the lead docket number, type of pleading
     (comment or reply comment), date of submission, and the name of the
     electronic file on the diskette. The label should also include the
     following phrase "Disk Copy -- Not an Original." Each diskette
     should contain only one party's pleading, preferably in a single
     electronic file. In addition, commenters must send diskette copies
     to the Commission's copy contract, Qualex International, Portals
     II, 445 12^th^ Street, SW., Room CY-B402, Washington, D.C. 20554,
     telephone 202-863-2893, facsimile 202-863-2898, or via e-mail
     qualexint@aol.com.

128. 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 e-mail to <bmillin@fcc.gov/oet>. This *Notice* can also be
     downloaded at <http://www.fcc.gov/oet>.

129. For further information concerning this *Notice of Proposed Rule
     Making*, contact Michael Marcus, Office of Engineering and
     Technology, (202) 418-2418, TTY (202) 418-2989, email
     <mmarcus@fcc.gov>, or Brian O'Donnell, Policy and Rules Branch,
     Public Safety and Private Wireless Division, Wireless
     Telecommunications Bureau, (202) 418-2135, email
     [bodonnel@fcc.gov](../bodonnel@fcc.gov).

130. The World Wide Web addresses/URLs that we give here were correct at
     the time this document was prepared but may change over time. They
     are included herein in addition to the conventional citations as a
     convenience to readers. We are unable to update these URLs after
     adoption of this *Notice*, and readers may find some URLs to be out
     of date as time progresses. We also advise readers that the only
     definitive text of FCC documents is the one that is published in
     the FCC Record. In case of discrepancy between the electronic
     documents cited here and the FCC Record, the version in the FCC
     Record is definitive.

## ORDERING CLAUSES

131. IT IS ORDERED that the Commission's Consumer and Governmental
     Affairs Bureau, Reference Information Center, SHALL SEND a copy of
     this *Notice of Proposed Rule Making*, including the Initial
     Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy
     of the Small Business Administration in accordance with Section
     603(a) of the Regulatory Flexibility Act, 5 U.S.C. § 603(a).

132. IT IS FURTHER ORDERED, that pursuant to the authority contained in
     Sections 4, 4(i), 157, 303,303(g), 303(r), 307 and 332(c)(7) of the
     Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 154(i),
     157, 303, 303(g), 303(r), 307, this *Notice of Proposed Rule
     Making* IS ADOPTED.

     FEDERAL COMMUNICATIONS COMMISSION

     Marlene H. Dortch Secretary

     **APPENDIX A: INITIAL REGULATORY FLEXIBILITY ANALYSIS**

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1.  As required by the Regulatory Flexibility Act of 1980, as amended
    (RFA),[^257] the Commission has prepared this present Initial
    Regulatory Flexibility Analysis (IRFA) of the possible significant
    economic impact on a substantial number of small entities by the
    policies and rules proposed in this *Notice of Proposed Rule Making
    (Notice)*. Written public comments are requested on this IRFA.
    Comments must be identified as responses to the IRFA and must be
    filed by the deadlines for comments on the *Notice* provided in
    paragraph 124 of the item. The Commission will send a copy of this
    *Notice*, including this IRFA, to the Chief Counsel for Advocacy of
    the Small Business Administration (SBA).[^258] In addition, the
    *Notice* and IRFA (or summaries thereof) will be published in the
    Federal Register.[^259]

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

2.  In this *Notice*, we examine methods to promote the development and
    growth of the in the 71-76 GHz, 81-86 GHz and 92-95 GHz bands to
    encourage the provisions of new technologies and services to the
    public and encourage the larger and more effective use of wireless
    in the public interest. We believe that this *Notice* will set the
    framework for the establishment of new wireless services in the
    71-76 GHz, 81-86 GHz and 92-95 GHz bands.

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3.  We seek comment on the following issues under consideration in this
    *Notice:*

-   Reallocating the 71-76 GHz, 81-86 GHz and 92-95 GHz bands in order
    to more fully comply with the allocations established at the World
    Administrative Radio Conference;

-   Providing licensees in the 71-76 GHz and 81-86 GHz access to the
    entire spectrum to provide sufficient capacity for licensees to
    utilize and provide new innovative services to the public;

-   Dividing the 92-95 GHz band into licensed use and unlicensed use in
    order to stimulate growth in the band while providing adequate
    protection to the Government operations in the band and to
    operations in the adjacent spectrum;

-   Authorizing the 71-76 GHz, 81-86 GHz and portions of the 92-95 GHz
    under Part 101 of our Rules in order to facilitate investment
    capital for business;

-   Whether to license the new services by geographic service areas or
    by site-by-site licensing;

-   Licensing the spectrum to individual licensees and band managers to
    optimize the use of the spectrum and to provide maximum flexibility
    for potential licensees and new services;

-   Proposing open eligibility, rather than imposing eligibility
    restrictions, to allow market forces to guide license assignment
    absent a compelling showing that regulatory intervention to exclude
    potential participants is necessary;

-   Adopting a 10-year license term and providing licensees with a
    renewal expectancy upon establishing substantial service in order to
    provide a stable regulatory environment that will be attractive to
    investors and will thus encourage development of the spectrum; and

-   Allowing licensees to partition and disaggregate their spectrum to
    provide an opportunity for a wide range of applicants, including
    small business, rural telephone, minority-owned and women-owned
    applicants.

## Legal Basis 

4.  The proposed action is authorized under Sections 4(i), 301, 302,
    303(e), 303(f), 303(r), 304 and 307 of the Communications Act of
    1934, as amended, 47 U.S.C. §§ 154(i), 301, 302, 303(e), 303(f),
    303(r), 304, 307.

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

5.  The RFA directs agencies to provide a description of and, where
    feasible, an estimate of the number of small entities that may be
    affected by the proposed rules.[^260] The RFA generally defines the
    term "small entity" as having the same meaning as the terms, "small
    business," "small organization," and "small governmental
    jurisdiction."[^261] In addition, the term "small business" has the
    same meaning as the term "small business concern" under the Small
    Business Act.[^262] A small business concern is one which: (1) is
    independently owned and operated; (2) is not dominant in its field
    of operation; and (3) satisfies any additional criteria established
    by the SBA.[^263] A small organization is generally "any
    not-for-profit enterprise which is independently owned and operated
    and is not dominant in its field."[^264] Nationwide, as of 1992,
    there were approximately 275,801 small organizations.[^265]

6.  The Commission has not developed a definition of small entities
    applicable to Radio Frequency Equipment Manufacturers (RF
    Manufacturers). Therefore, the applicable definition of small entity
    is the definition under the SBA rules applicable to manufacturers of
    "Radio and Television Broadcasting and Communications Equipment."
    According to the SBA's regulation, an RF manufacturer must have 750
    or fewer employees in order to qualify as a small business.[^266]
    Census Bureau data indicates that there are 858 companies in the
    United States that manufacture radio and television broadcasting and
    communications equipment, and that 778 of these firms have fewer
    than 750 employees and would be classified as small entities.[^267]
    Therefore, we believe that many of the companies that manufacture RF
    equipment may qualify as small entities.

7.  The Commission has proposed to assign licenses in the 71-76 GHz,
    81-86 GHz and 92-95 GHz bands by competitive bidding. The Commission
    has not yet determined how many licenses will be awarded. Moreover,
    the Commission does not know how many licensees will partition their
    license areas or disaggregate their spectrums, if partitioning and
    disaggregation are allowed.[^268] Therefore, the exact number of
    smaller licensees in these bands to which the proposed rules will
    apply cannot be known precisely at this time.

## Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements.

8.  Equipment designed for unlicensed use will be subject to the
    existing requirements of Subpart J of Part 2[^269] of our Rules,
    which governs equipment authorization procedures. In addition,
    winning bidders for licensed use must submit long-form license
    applications through the Universal Licensing System using FCC Form
    601,[^270] and other appropriate forms.[^271] Licensees will also be
    required to apply for an individual station license by filing FCC
    Form 601 for those individual stations that (1) require submission
    of an Environmental Assessment of the facilities under Section
    1.1307 of our Rules;[^272] (2) require international coordination of
    the application;[^273] or (3) require coordination with the
    Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio
    Advisory Committee (IRAC). While these requirements are new with
    respect to potential licensees in the 71-76 GHz, 81-86 GHz and 92-95
    GHz bands, the Commission has applied these requirements to
    licensees in other bands.

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

9.  The RFA requires an agency to describe any significant alternatives
    that it has considered in reaching its proposed approach, which may
    include the following four alternatives: "(1) the establishment of
    differing compliance or reporting requirements or timetables that
    take into account the resources available to small entities; (2) the
    clarification, consolidation, or simplification of compliance or
    reporting requirements under the rule for such small entities; (3)
    the use of performance, rather than design standards; and (4) an
    exemption from coverage of the rule, or any part thereof, for small
    entities."[^274]

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10. We believe that the rules proposed in this *Notice* provide a
    flexible and efficient approach to spectrum management. To minimize
    any negative impact on smaller entities, however, we propose certain
    incentives for small entities that will be to their benefit. For
    example, we seek comment on licensing the spectrum to band managers
    that will be authorized to lease portions of their spectrum to all
    entities, including smaller entities, and to allow partitioning and
    spectrum disaggregation. These provisions will enable smaller
    entities, which sometimes may lack sufficient resources to bid in
    the auction on an equally competitive basis, to acquire smaller
    portions of the spectrum. The use of smaller licensing areas could
    also benefit small entities by reducing costs and build out
    expenses.

11. We also propose bidding credits for smaller entities that
    participate in auctions of licenses that are conducted pursuant to
    the rules proposed in this *Notice*. Specifically, we propose to
    define an "entrepreneur" as an entity with average annual gross
    revenues not exceeding \$40 million for three preceding years and we
    propose to define a "small business" as an entity with an average
    annual gross revenues not exceeding \$15 million for three preceding
    years. We believe that these small business definitions and bidding
    credits will help small entities compete in our auctions and acquire
    licenses.[^275]

12. In addition, we propose to adopt a 10-year license term and provide
    licensees with a renewal expectancy upon establishing substantial
    service. We believe these provisions will provide a stable
    regulatory environment that will be attractive to investors and thus
    enable smaller entities to acquire the necessary capital to operate
    in the spectrum.

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13. The regulatory burdens we have retained, such as filing applications
    on appropriate forms, are necessary in order to ensure that the
    public receives the benefits of innovative new services in a prompt
    and efficient manner and apply equally to large and small entities,
    thus without differential impact. We will continue to examine
    alternatives in the future with the objectives of eliminating
    unnecessary regulations and minimizing any significant impact on
    small entities.

## Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rule.

15. None.

## Ordering Clause

16. IT IS FURTHER ORDERED that the Commission's Consumer & Governmental
    Affairs Bureau, Reference Information Center, shall send a copy of
    this *Notice for Proposed Rule Making*, including the Initial
    Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy
    of the Small Business Administration.

    **APPENDIX B**

**Proposed Definitions and Rules**

1.  For the reasons discussed in the preamble, the Federal
    Communications Commission proposes to amend 47 CFR Parts 2, 15, 97,
    and 101 as follows:

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

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

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

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

a\. Revise pages 81 through 83.

b\. In the list of International Footnotes, under I., revise footnotes
5.149, 5.556, and 5.561; and add footnotes 5.559A, 5.560A, 5.561A, and
5.562A.

c\. In the list of United States (US) Footnotes, revise footnotes US211,
US297, and US342; remove footnote US270; and add footnotes USwww, USxxx,
USyyy, and USzzz.

The additions and revisions read as follows:

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

\* \* \* \* \*

+----------+----------+----------+------------+------------+---+----+
| 65-94.1  |          |          |            |            |   | Pa |
| GHz      |          |          |            |            |   | ge |
| (EHF)    |          |          |            |            |   | 81 |
+----------+----------+----------+------------+------------+---+----+
| Inter    |          |          | United     |            | F |    |
| national |          |          | States     |            | C |    |
| Table    |          |          | Table      |            | C |    |
|          |          |          |            |            | R |    |
|          |          |          |            |            | u |    |
|          |          |          |            |            | l |    |
|          |          |          |            |            | e |    |
|          |          |          |            |            | P |    |
|          |          |          |            |            | a |    |
|          |          |          |            |            | r |    |
|          |          |          |            |            | t |    |
|          |          |          |            |            | ( |    |
|          |          |          |            |            | s |    |
|          |          |          |            |            | ) |    |
+----------+----------+----------+------------+------------+---+----+
| Region 1 | Region 2 | Region 3 | Federal    | N          |   |    |
|          |          |          | Government | on-Federal |   |    |
|          |          |          |            | Government |   |    |
+----------+----------+----------+------------+------------+---+----+
| 65-66    |          |          | 65-66      | 65-66      |   |    |
|          |          |          |            |            |   |    |
| EARTH    |          |          | EARTH      | EARTH      |   |    |
| EXPLO    |          |          | EX         | EX         |   |    |
| RATION-S |          |          | PLORATION- | PLORATION- |   |    |
| ATELLITE |          |          |            |            |   |    |
|          |          |          | SATELLITE  | SATELLITE  |   |    |
| FIXED    |          |          |            |            |   |    |
|          |          |          | FIXED      | FIXED      |   |    |
| INTER-S  |          |          |            |            |   |    |
| ATELLITE |          |          | MOBILE     | INTER      |   |    |
|          |          |          | except     | -SATELLITE |   |    |
| MOBILE   |          |          |            |            |   |    |
| except   |          |          | ae         | MOBILE     |   |    |
| aero     |          |          | ronautical | except     |   |    |
| nautical |          |          | mobile     |            |   |    |
| mobile   |          |          |            | ae         |   |    |
|          |          |          | SPACE      | ronautical |   |    |
| SPACE    |          |          | RESEARCH   | mobile     |   |    |
| RESEARCH |          |          |            |            |   |    |
|          |          |          |            | SPACE      |   |    |
| 5.547    |          |          |            | RESEARCH   |   |    |
+----------+----------+----------+------------+------------+---+----+
| 66-71    |          |          | 66-71      | 66-71      |   |    |
|          |          |          |            |            |   |    |
| INTER-S  |          |          | MOBILE     | INTER      |   |    |
| ATELLITE |          |          | 5.553      | -SATELLITE |   |    |
|          |          |          | 5.558      |            |   |    |
| MOBILE   |          |          |            | MOBILE     |   |    |
| 5.553    |          |          | MOBILE     | 5.553      |   |    |
| 5.558    |          |          | -SATELLITE | 5.558      |   |    |
|          |          |          |            |            |   |    |
| MOBILE-S |          |          | RADIO      | MOBILE     |   |    |
| ATELLITE |          |          | NAVIGATION | -SATELLITE |   |    |
|          |          |          |            |            |   |    |
| RADIONA  |          |          | RADION     | RADIO      |   |    |
| VIGATION |          |          | AVIGATION- | NAVIGATION |   |    |
|          |          |          |            |            |   |    |
| R        |          |          | SATELLITE  | RADION     |   |    |
| ADIONAVI |          |          |            | AVIGATION- |   |    |
| GATION-S |          |          | 5.554      |            |   |    |
| ATELLITE |          |          |            | SATELLITE  |   |    |
|          |          |          |            |            |   |    |
| 5.554    |          |          |            | 5.554      |   |    |
+----------+----------+----------+------------+------------+---+----+
| 71-74    |          |          | 71-74      |            | F |    |
|          |          |          |            |            | i |    |
| FIXED    |          |          | FIXED      |            | x |    |
|          |          |          |            |            | e |    |
| FIXED-S  |          |          | FIXED      |            | d |    |
| ATELLITE |          |          | -SATELLITE |            | M |    |
| (space-t |          |          | (space     |            | i |    |
| o-Earth) |          |          | -to-Earth) |            | c |    |
|          |          |          |            |            | r |    |
| MOBILE   |          |          | MOBILE     |            | o |    |
|          |          |          |            |            | w |    |
| MOBILE-S |          |          | MOBILE     |            | a |    |
| ATELLITE |          |          | -SATELLITE |            | v |    |
| (space-t |          |          | (space     |            | e |    |
| o-Earth) |          |          | -to-Earth) |            | ( |    |
|          |          |          |            |            | 1 |    |
|          |          |          |            |            | 0 |    |
|          |          |          |            |            | 1 |    |
|          |          |          |            |            | ) |    |
+----------+----------+----------+------------+------------+---+----+
| 74-76    |          |          | 74-76      | 74-76      |   |    |
|          |          |          |            |            |   |    |
| FIXED    |          |          | FIXED      | FIXED      |   |    |
|          |          |          |            |            |   |    |
| FIXED-S  |          |          | FIXED      | FIXED      |   |    |
| ATELLITE |          |          | -SATELLITE | -SATELLITE |   |    |
| (space-t |          |          | (space-to- | (space-to- |   |    |
| o-Earth) |          |          |            |            |   |    |
|          |          |          | Earth)     | Earth)     |   |    |
| MOBILE   |          |          |            |            |   |    |
|          |          |          | MOBILE     | MOBILE     |   |    |
| BROA     |          |          |            |            |   |    |
| DCASTING |          |          | Space      | BR         |   |    |
|          |          |          | research   | OADCASTING |   |    |
| BROADC   |          |          | (space-to- |            |   |    |
| ASTING-S |          |          |            | BR         |   |    |
| ATELLITE |          |          | Earth)     | OADCASTING |   |    |
|          |          |          |            | -SATELLITE |   |    |
| Space    |          |          | US211      |            |   |    |
| research |          |          | USwww      | Space      |   |    |
| (space-t |          |          | USyyy      | research   |   |    |
| o-Earth) |          |          |            | (space-to- |   |    |
|          |          |          |            |            |   |    |
| 5.559A   |          |          |            | Earth)     |   |    |
| 5.561    |          |          |            |            |   |    |
|          |          |          |            | US211      |   |    |
|          |          |          |            | USwww      |   |    |
|          |          |          |            | USyyy      |   |    |
+----------+----------+----------+------------+------------+---+----+
| 76-81    |          |          | 76-81      | 76-77      | R |    |
|          |          |          |            |            | F |    |
| RADIO    |          |          | RAD        | RAD        | D |    |
| LOCATION |          |          | IOLOCATION | IOLOCATION | e |    |
|          |          |          |            |            | v |    |
| Amateur  |          |          |            | Amateur    | i |    |
|          |          |          |            |            | c |    |
| A        |          |          |            |            | e |    |
| mateur-s |          |          |            |            | s |    |
| atellite |          |          |            |            | ( |    |
|          |          |          |            |            | 1 |    |
| Space    |          |          |            |            | 5 |    |
| research |          |          |            |            | ) |    |
| (space-t |          |          |            |            |   |    |
| o-Earth) |          |          |            |            |   |    |
+----------+----------+----------+------------+------------+---+----+
|          |          |          |            | 77-77.5    | A |    |
|          |          |          |            |            | m |    |
|          |          |          |            | RAD        | a |    |
|          |          |          |            | IOLOCATION | t |    |
|          |          |          |            |            | e |    |
|          |          |          |            | Amateur    | u |    |
|          |          |          |            |            | r |    |
|          |          |          |            | Amateur    | ( |    |
|          |          |          |            | -satellite | 9 |    |
|          |          |          |            |            | 7 |    |
|          |          |          |            |            | ) |    |
+----------+----------+----------+------------+------------+---+----+
|          |          |          |            | 77.5-78    |   |    |
|          |          |          |            |            |   |    |
|          |          |          |            | RAD        |   |    |
|          |          |          |            | IOLOCATION |   |    |
|          |          |          |            |            |   |    |
|          |          |          |            | AMATEUR    |   |    |
|          |          |          |            |            |   |    |
|          |          |          |            | AMATEUR    |   |    |
|          |          |          |            | -SATELLITE |   |    |
+----------+----------+----------+------------+------------+---+----+

+---------------------------------+------------+---+------------+---------+
| 5.560                           | 5.560      |   | 78-81      |         |
|                                 |            |   |            |         |
|                                 |            |   | RAD        |         |
|                                 |            |   | IOLOCATION |         |
|                                 |            |   |            |         |
|                                 |            |   | Amateur    |         |
|                                 |            |   |            |         |
|                                 |            |   | Amateur    |         |
|                                 |            |   | -satellite |         |
|                                 |            |   |            |         |
|                                 |            |   | 5.560      |         |
+---------------------------------+------------+---+------------+---------+
| 81-84                           | 81-84      |   |            | Fixed   |
|                                 |            |   |            | Mi      |
| FIXED                           | FIXED      |   |            | crowave |
|                                 |            |   |            | (101)   |
| FIXED-SATELLITE                 | FIXED      |   |            |         |
| (Earth-to-space)                | -SATELLITE |   |            |         |
|                                 | (Earth     |   |            |         |
| MOBILE                          | -to-space) |   |            |         |
|                                 | US297      |   |            |         |
| MOBILE-SATELLITE                |            |   |            |         |
| (Earth-to-space)                | MOBILE     |   |            |         |
|                                 |            |   |            |         |
| RADIO ASTRONOMY                 | MOBILE     |   |            |         |
|                                 | -SATELLITE |   |            |         |
| Space research (space-to-Earth) | (Earth     |   |            |         |
|                                 | -to-space) |   |            |         |
| 5.149 5.560A                    |            |   |            |         |
|                                 | RADIO      |   |            |         |
|                                 | ASTRONOMY  |   |            |         |
|                                 | USzzz      |   |            |         |
|                                 |            |   |            |         |
|                                 | Space      |   |            |         |
|                                 | research   |   |            |         |
|                                 | (space     |   |            |         |
|                                 | -to-Earth) |   |            |         |
|                                 |            |   |            |         |
|                                 | US342      |   |            |         |
+---------------------------------+------------+---+------------+---------+
| 84-86                           | 84-86      |   |            |         |
|                                 |            |   |            |         |
| FIXED                           | FIXED      |   |            |         |
|                                 |            |   |            |         |
| FIXED-SATELLITE                 | FIXED      |   |            |         |
| (Earth-to-space) 5.561A         | -SATELLITE |   |            |         |
|                                 | (Earth     |   |            |         |
| MOBILE                          | -to-space) |   |            |         |
|                                 |            |   |            |         |
| RADIO ASTRONOMY                 | MOBILE     |   |            |         |
|                                 |            |   |            |         |
| 5.149                           | RADIO      |   |            |         |
|                                 | ASTRONOMY  |   |            |         |
|                                 | USzzz      |   |            |         |
|                                 |            |   |            |         |
|                                 | US342      |   |            |         |
+---------------------------------+------------+---+------------+---------+
| 86-92                           | 86-92      |   |            |         |
|                                 |            |   |            |         |
| EARTH EXPLORATION-SATELLITE     | EARTH      |   |            |         |
| (passive)                       | E          |   |            |         |
|                                 | XPLORATION |   |            |         |
| RADIO ASTRONOMY                 | -SATELLITE |   |            |         |
|                                 | (passive)  |   |            |         |
| SPACE RESEARCH (passive)        |            |   |            |         |
|                                 | RADIO      |   |            |         |
| 5.340                           | ASTRONOMY  |   |            |         |
|                                 | US74       |   |            |         |
|                                 |            |   |            |         |
|                                 | SPACE      |   |            |         |
|                                 | RESEARCH   |   |            |         |
|                                 | (passive)  |   |            |         |
|                                 |            |   |            |         |
|                                 | US246      |   |            |         |
+---------------------------------+------------+---+------------+---------+
| 92-94                           | 92-94      |   |            | Fixed   |
|                                 |            |   |            | Mi      |
| FIXED                           | FIXED      |   |            | crowave |
|                                 |            |   |            | (101)   |
| MOBILE                          | MOBILE     |   |            |         |
|                                 |            |   |            |         |
| RADIO ASTRONOMY                 | RADIO      |   |            |         |
|                                 | ASTRONOMY  |   |            |         |
| RADIOLOCATION                   | USzzz      |   |            |         |
|                                 |            |   |            |         |
| 5.149                           | RAD        |   |            |         |
|                                 | IOLOCATION |   |            |         |
|                                 |            |   |            |         |
|                                 | US342      |   |            |         |
|                                 | USxxx      |   |            |         |
+---------------------------------+------------+---+------------+---------+
| 94-94.1                         | 94-94.1    | 9 |            |         |
|                                 |            | 4 |            |         |
| EARTH EXPLORATION-SATELLITE     | EARTH      | - |            |         |
| (active)                        | EX         | 9 |            |         |
|                                 | PLORATION- | 4 |            |         |
| RADIOLOCATION                   |            | . |            |         |
|                                 | SATELLITE  | 1 |            |         |
| SPACE RESEARCH (active)         | (active)   |   |            |         |
|                                 |            | R |            |         |
| Radio astronomy                 | RAD        | A |            |         |
|                                 | IOLOCATION | D |            |         |
| 5.562 5.562A                    |            | I |            |         |
|                                 | SPACE      | O |            |         |
|                                 | RESEARCH   | L |            |         |
|                                 | (active)   | O |            |         |
|                                 |            | C |            |         |
|                                 | Radio      | A |            |         |
|                                 | Astronomy  | T |            |         |
|                                 |            | I |            |         |
|                                 | 5.562      | O |            |         |
|                                 | 5.562A     | N |            |         |
|                                 |            |   |            |         |
|                                 |            | R |            |         |
|                                 |            | a |            |         |
|                                 |            | d |            |         |
|                                 |            | i |            |         |
|                                 |            | o |            |         |
|                                 |            | a |            |         |
|                                 |            | s |            |         |
|                                 |            | t |            |         |
|                                 |            | r |            |         |
|                                 |            | o |            |         |
|                                 |            | n |            |         |
|                                 |            | o |            |         |
|                                 |            | m |            |         |
|                                 |            | y |            |         |
|                                 |            |   |            |         |
|                                 |            | 5 |            |         |
|                                 |            | . |            |         |
|                                 |            | 5 |            |         |
|                                 |            | 6 |            |         |
|                                 |            | 2 |            |         |
|                                 |            | A |            |         |
+---------------------------------+------------+---+------------+---------+

+-----------+-----------+---------+-------------+-----------+---------+
| 94.1-150  |           |         |             |           | Page 83 |
| GHz (EHF) |           |         |             |           |         |
+-----------+-----------+---------+-------------+-----------+---------+
| Inte      |           |         | United      |           | FCC     |
| rnational |           |         | States      |           | Rule    |
| Table     |           |         | Table       |           | Part(s) |
+-----------+-----------+---------+-------------+-----------+---------+
| Region 1  | Region 2  | Region  | Federal     | No        |         |
|           |           | 3       | Government  | n-Federal |         |
|           |           |         |             | G         |         |
|           |           |         |             | overnment |         |
+-----------+-----------+---------+-------------+-----------+---------+
| 94.1-95   |           |         | 94.1-95     |           | Fixed   |
|           |           |         |             |           | Mi      |
| FIXED     |           |         | FIXED       |           | crowave |
|           |           |         |             |           | (101)   |
| MOBILE    |           |         | MOBILE      |           |         |
|           |           |         |             |           |         |
| RADIO     |           |         | RADIO       |           |         |
| ASTRONOMY |           |         | ASTRONOMY   |           |         |
|           |           |         | USzzz       |           |         |
| RADI      |           |         |             |           |         |
| OLOCATION |           |         | RA          |           |         |
|           |           |         | DIOLOCATION |           |         |
| 5.149     |           |         |             |           |         |
|           |           |         | US342 USxxx |           |         |
+-----------+-----------+---------+-------------+-----------+---------+
| 95-100    |           |         | 95-100      |           |         |
|           |           |         |             |           |         |
| MOBILE    |           |         | MOBILE      |           |         |
| S5.553    |           |         | S5.553      |           |         |
|           |           |         |             |           |         |
| MOBILE-   |           |         | MOBIL       |           |         |
| SATELLITE |           |         | E-SATELLITE |           |         |
|           |           |         |             |           |         |
| RADION    |           |         | RADI        |           |         |
| AVIGATION |           |         | ONAVIGATION |           |         |
|           |           |         |             |           |         |
| RADIONA   |           |         | RAD         |           |         |
| VIGATION- |           |         | IONAVIGATIO |           |         |
| SATELLITE |           |         | N-SATELLITE |           |         |
|           |           |         |             |           |         |
| Radi      |           |         | Ra          |           |         |
| olocation |           |         | diolocation |           |         |
|           |           |         |             |           |         |
| S5.149    |           |         | S5.149      |           |         |
| S5.554    |           |         | S5.554      |           |         |
| S5.555    |           |         |             |           |         |
+-----------+-----------+---------+-------------+-----------+---------+
| 100-102   |           |         | 100-102     |           |         |
|           |           |         |             |           |         |
| EARTH     |           |         | EARTH       |           |         |
| EXP       |           |         | EXPLORATIO  |           |         |
| LORATION- |           |         | N-SATELLITE |           |         |
| SATELLITE |           |         | (passive)   |           |         |
| (passive) |           |         |             |           |         |
|           |           |         | SPACE       |           |         |
| FIXED     |           |         | RESEARCH    |           |         |
|           |           |         | (passive)   |           |         |
| MOBILE    |           |         |             |           |         |
|           |           |         | S5.341      |           |         |
| SPACE     |           |         | US246       |           |         |
| RESEARCH  |           |         |             |           |         |
| (passive) |           |         |             |           |         |
|           |           |         |             |           |         |
| S5.341    |           |         |             |           |         |
+-----------+-----------+---------+-------------+-----------+---------+
| 102-105   |           |         | 102-105     |           |         |
|           |           |         |             |           |         |
| FIXED     |           |         | FIXED       |           |         |
|           |           |         |             |           |         |
| FIXED-    |           |         | FIXE        |           |         |
| SATELLITE |           |         | D-SATELLITE |           |         |
| (space-   |           |         | (spac       |           |         |
| to-Earth) |           |         | e-to-Earth) |           |         |
|           |           |         |             |           |         |
| MOBILE    |           |         | S5.341      |           |         |
|           |           |         | US211       |           |         |
| S5.341    |           |         |             |           |         |
+-----------+-----------+---------+-------------+-----------+---------+
| 105-116   |           |         | 105-116     |           |         |
|           |           |         |             |           |         |
| EARTH     |           |         | EARTH       |           |         |
| EXP       |           |         | EXPLORATIO  |           |         |
| LORATION- |           |         | N-SATELLITE |           |         |
| SATELLITE |           |         | (passive)   |           |         |
| (passive) |           |         |             |           |         |
|           |           |         | RADIO       |           |         |
| RADIO     |           |         | ASTRONOMY   |           |         |
| ASTRONOMY |           |         | US74        |           |         |
|           |           |         |             |           |         |
| SPACE     |           |         | SPACE       |           |         |
| RESEARCH  |           |         | RESEARCH    |           |         |
| (passive) |           |         | (passive)   |           |         |
|           |           |         |             |           |         |
| S5.340    |           |         | S5.341      |           |         |
| S5.341    |           |         | US246       |           |         |
+-----------+-----------+---------+-------------+-----------+---------+
| 1         |           |         | 116-119.98  |           |         |
| 16-119.98 |           |         |             |           |         |
|           |           |         | EARTH       |           |         |
| EARTH     |           |         | EXPLORATIO  |           |         |
| EXP       |           |         | N-SATELLITE |           |         |
| LORATION- |           |         | (passive)   |           |         |
| SATELLITE |           |         |             |           |         |
| (passive) |           |         | FIXED       |           |         |
|           |           |         |             |           |         |
| FIXED     |           |         | INTE        |           |         |
|           |           |         | R-SATELLITE |           |         |
| INTER-    |           |         |             |           |         |
| SATELLITE |           |         | MOBILE      |           |         |
|           |           |         | S5.558      |           |         |
| MOBILE    |           |         |             |           |         |
| S5.558    |           |         | SPACE       |           |         |
|           |           |         | RESEARCH    |           |         |
| SPACE     |           |         | (passive)   |           |         |
| RESEARCH  |           |         |             |           |         |
| (passive) |           |         | S5.341      |           |         |
|           |           |         | US211 US263 |           |         |
| S5.341    |           |         |             |           |         |
+-----------+-----------+---------+-------------+-----------+---------+

\* \* \* \* \*

**INTERNATIONAL FOOTNOTES**

\* \* \* \* \*

5.149 In making assignments to stations of other services to which the
bands:

  -------------------------- ------------------------- -------------------
  13360-13410 kHz,           4990-5000 MHz,            94.1-100 GHz,

  25550-25670 kHz,           6650-6675.2 MHz,          102-109.5 GHz,

  37.5-38.25 MHz,            10.6-10.68 GHz,           111.8-114.25 GHz,

  73-74.6 MHz in Regions 1   14.47-14.5 GHz,           128.33-128.59 GHz,
  and 3,                                               

  150.05-153 MHz in Region   22.01-22.21 GHz,          129.23-129.49 GHz,
  1,                                                   

  322-328.6 MHz,             22.21-22.5 GHz,           130-134 GHz,

  406.1-410 MHz,             22.81-22.86 GHz,          136-148.5 GHz,

  608-614 MHz in Regions 1   23.07-23.12 GHz,          151.5-158.5 GHz,
  and 3,                                               

  1330-1400 MHz,             31.2-31.3 GHz,            168.59-168.93 GHz,

  1610.6-1613.8 MHz,         31.5-31.8 GHz in Regions  171.11-171.45 GHz,
                             1 and 3,                  

  1660-1670 MHz,             36.43-36.5 GHz,           172.31-172.65 GHz,

  1718.8-1722.2 MHz,         42.5-43.5 GHz,            173.52-173.85 GHz,

  2655-2690 MHz,             42.77-42.87 GHz,          195.75-196.15 GHz,

  3260-3267 MHz,             43.07-43.17 GHz,          209-226 GHz,

  3332-3339 MHz,             43.37-43.47 GHz,          241-250 GHz,

  3345.8-3352.5 MHz,         48.94-49.04 GHz,          252-275 GHz

  4825-4835 MHz,             76-86 GHz,                

  4950-4990 MHz,             92-94 GHz,                
  -------------------------- ------------------------- -------------------

are allocated, administrations are urged to take all practicable steps
to protect the radio astronomy service from harmful interference.
Emissions from spaceborne or airborne stations can be particularly
serious sources of interference to the radio astronomy service (see Nos.
S4.5 and S4.6 and Article S29).

\* \* \* \* \*

5.556 In the bands 51.4-54.25 GHz, 58.2-59 GHz and 64-65 GHz, radio
astronomy observations may be carried out under national arrangements.

\* \* \* \* \*

5.559A The band 75.5-76 GHz is also allocated to the amateur and
amateur-satellite services on a primary basis until the year 2006.

\* \* \* \* \*

5.560A The 81-81.5 GHz band is also allocated to the amateur and
amateur-satellite services on a secondary basis.

\* \* \* \* \*

5.561 In the band 74-76 GHz, stations in the fixed, mobile and
broadcasting services shall not cause harmful interference to stations
of the fixed-satellite service or stations of the broadcasting-satellite
service operating in accordance with the decisions of the appropriate
frequency assignment planning conference for the broadcasting-satellite
service.

5.561A In Japan, use of the band 84-86 GHz, by the fixed-satellite
service (Earth-to-space) is limited to feeder links in the
broadcasting-satellite service using the geostationary-satellite orbit.

\* \* \* \* \*

5.562A Transmissions from space stations of the Earth
exploration-satellite service (active) that are directed into the main
beam of a radio astronomy antenna have the potential to damage some
radio astronomy receivers. Space agencies operating the transmitters and
the radio astronomy stations concerned should mutually plan their
operations so as to avoid such occurrences to the maximum extent
possible.

\* \* \* \* \*

**United States (US) Footnotes**

\* \* \* \* \*

US211 In the bands 1670-1690, 5000-5250 MHz and 10.7-11.7,
15.1365-15.35, 15.4-15.7, 22.5-22.55, 24-24.05, 31.0-31.3, 31.8-32.0,
40.5-42.5, 102-105, 116-126, 151-164, 176.5-182, 185-190, 231-235,
252-265 GHz, applicants for airborne or space station assignments are
urged to take all practicable steps to protect radio astronomy
observations in the adjacent bands from harmful interference; however,
US74 applies.

\* \* \* \* \*

US297 The bands 47.2-49.2 GHz and 81-82.5 GHz are also available for
feeder links for the broadcasting-satellite service.

\* \* \* \* \*

US342 In making assignments to stations of other services to which the
bands:

  ------------------------ ------------------------ ----------------------
  13360-13410 kHz,         14.47-14.5 GHz,\*        92-94 GHz,

  37.5-38.25 MHz,          22.01-22.21 GHz,\*       94.1-95 GHz,

  322-328.6 MHz,\*         22.21-22.5 GHz,          97.88-98.08 GHz,\*

  1330-1400 MHz,\*         22.81-22.86 GHz,\*       140.69-140.98 GHz,\*

  1610.6-1613.8 MHz,\*     23.07-23.12 GHz,\*       144.68-144.98 GHz,\*

  1660-1670 MHz,           31.2-31.3 GHz,           145.45-145.75 GHz,\*

  3260-3267 MHz,\*         36.43-36.5 GHz,\*        146.82-147.12 GHz,\*

  3332-3339 MHz,\*         42.5-43.5 GHz,           262.24-262.76 GHz,\*

  3345.8-3352.5 MHz,\*     48.94-49.04 GHz,\*       265-275 GHz

  4825-4835 MHz,\*         81-86 GHz,               
  ------------------------ ------------------------ ----------------------

are allocated (\* indicates radio astronomy use for spectral line
observations), all practicable steps shall be taken to protect the radio
astronomy service from harmful interference. Emissions from spaceborne
or airborne stations can be particularly serious sources of interference
to the radio astronomy service (see Nos. 4.5 and 4.6 and Article 29 of
the ITU Radio Regulations).

\* \* \* \* \*

USwww In the band 74-76 GHz, stations in the fixed, mobile and
broadcasting services shall not cause harmful interference to stations
of the Federal Government fixed-satellite service.

USxxx In the band 92-95 GHz, Federal and non-Federal users may operate
low power, unlicensed devices. In the band 92-92.3 GHz and 93.2-94.1
GHz, Federal assignments shall operate on a primary basis. In the bands
92.3-93.2 GHz and 94.1-95 GHz, non-Federal licensed systems shall
operate on a primary basis and Federal assignments may operate on a
secondary basis, except that Federal assignments at the following
military installations shall operate on a primary basis: \[NTIA will
supply the list of large military installations prior to the adoption of
the Report and Order\].

USyyy The band 75.5-76 GHz is also allocated to the amateur and
amateur-satellite services on a secondary basis until January 1, 2006.

USzzz In the bands 81-86 GHz, 92-94 GHz, and 94.1-95 GHz, the radio
astronomy service shall not receive protection from other allocated
services, except within the maximum coordination distances listed for
the following radio astronomy observatories.

  ------------------------------------ ----------------- -----------------
  Telescope and site                   150 kilometer (93 
                                       mile) radius      
                                       centered on:      

                                       North Latitude    West Longitude

  National Radio Astronomy Observatory 38° 25\' 59\'\'   79° 50\' 24\'\'
  (NRAO), Robert C. Byrd Telescope,                      
  Green Bank, WV                                         

  NRAO, Very Large Array, Socorro, NM  34° 04\' 44\'\'   107° 37\' 06\'\'

  University of Arizona 12-m           31° 57\' 10\'\'   111° 36\' 50\'\'
  Telescope, Kitt Peak, AZ                               

  BIMA Telescope, Hat Creek, CA        40° 49\' 04\'\'   121° 28\' 24\'\'

  Caltech Telescope, Owens Valley, CA  37° 13\' 54\'\'   118° 17\' 36\'\'

  Five Colleges Observatory, Amherst,  42° 23\' 33\'\'   72° 20\' 40\'\'
  MA                                                     

  Haystack Observatory, Westford, MA   42° 37\' 23\'\'   71° 29\' 19\'\'

  James Clerk Maxwell Telescope, Mauna 19° 49\' 33\'\'   155° 28\' 20\'\'
  Kea, HI                                                

  NRAO, Very Long Baseline Array       25 kilometer      
  Stations                             (15.5 mile)       
                                       radius centered   
                                       on:               

                                       North Latitude    West Longitude

  Brewster, WA                         48° 07\' 52\'\'   119° 41\' 00\'\'

  Fort Davis, TX                       30° 38\' 06\'\'   103° 56\' 41\'\'

  Hancock, NH                          42° 56\' 01\'\'   71° 59\' 12\'\'

  Kitt Peak, AZ                        31° 57\' 23\'\'   111° 36\' 45\'\'

  Los Alamos, NM                       35° 46\' 31\'\'   106° 14\' 44\'\'

  Mauna Kea, HI                        19° 48\' 05\'\'   155° 27\' 19\'\'

  North Liberty, IA                    41° 46\' 17\'\'   91° 34\' 27\'\'

  Owens Valley, CA                     37° 13\' 54\'\'   118° 16\' 37\'\'

  Pie Town, NM                         34° 18\' 04\'\'   108° 07\' 09\'\'

  Saint Croix, VI                      17° 45\' 24\'\'   64° 35\' 01\'\'
  ------------------------------------ ----------------- -----------------

\* \* \* \* \*

4.  Part 15 of Title 47 of the Code of Federal Regulations is proposed
    to be amended as follows:

**PART 15 -- RADIO FREQUENCY DEVICES**

5.  The authority citation continues to read as follows:

**Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336 and 544A**

6.  Section 15.257 is added to Subpart C to read as follows:

**§ 15.257** **Operation within the band 92--95 GHz.**

\(a\) Operation under the provisions of this section is not permitted
for equipment used on aircraft or satellites.

\(b\) Within the 92-95 GHz band, emission levels shall not exceed the
following:

\(1\) The average power density of any emission, measured during the
transmit interval, shall not exceed 9 μW/cm^2^, as measured 3 meters
from the radiating structure, and the peak power density of any emission
shall not exceed 18 μW cm^2^, as measured 3 meters from the radiating
structure.

\(2\) Peak power density shall be measured with an RF detector that has
a detection bandwidth that encompasses the band being used and has a
video bandwidth of at least 10 MHz, or using an equivalent measurement
method.

\(3\) The average emission limits shall be calculated, based on the
measured peak levels, over the actual time period during which
transmission occurs.

\(c\) Limits on spurious emissions:

\(1\) The power density of any emissions outside the band being used
band shall consist solely of spurious emissions.

\(2\) Radiated emissions below 40 GHz shall not exceed the general
limits in Sec. 15.209.

\(3\) Between 40 GHz and 200 GHz, the level of these emissions shall not
exceed 90 pW/cm^2^ at a distance of 3 meters.

\(4\) The levels of the spurious emissions shall not exceed the level of
the fundamental emission.

\(i\) The total peak transmitter output power shall not exceed 500 mW.

\(ii\) Fundamental emissions must be contained within the frequency
bands specified in this section during all conditions of operation.
Equipment is presumed to operate over the temperature range -20 to +50
degrees celsius with an input voltage variation of 85% to 115% of rated
input voltage, unless justification is presented to demonstrate
otherwise.

\(iii\) Regardless of the power density levels permitted under this
section, devices operating under the provisions of this section are
subject to the radiofrequency radiation exposure requirements specified
in 47 C.F.R. §§ 1.1307(b), 2.1091 and 2.1093, as appropriate.
Applications for equipment authorization of devices operating under this
section must contain a statement confirming compliance with these
requirements for both fundamental emissions and unwanted emissions.
Technical information showing the basis for this statement must be
submitted to the Commission upon request.

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

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

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

8.  Section 97.303 is revised by adding new paragraph 97.303(r)(3) to
    read as follows:

**§ 97.303 Frequency sharing requirements.**

\* \* \* \* \*

\(r\) \* \* \*

\* \* \* \* \*

\(3\) No amateur or amateur-satellite station transmitting in the
75.5-76 GHz segment shall cause interference to, nor is protected from
interference due to the operation of, stations in the fixed service.
After January 1, 2006, the 75.5-76 GHz segment is no longer allocated to
the amateur service or to the amateur-satellite

Part 101 of title 47 of the Code of Federal Regulations is proposed to
be amended as follows:

**PART 101 -- FIXED MICROWAVE SERVICES**

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

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

10. Section 101.101 is amended by adding four new entries in numerical
    order as follows:

    § 101.101 Frequency Availablity

  ---------------------------------------------------------------------------------------------------------------
  Frequency band  Radio Service                                                                       
  (MHz)                                                                                               
  --------------- -------------------- ------------------ --------------------- --------------------- -----------
                  Common carrier (Part Private radio      Broadcast auxiliary   Other (Parts 15, 21,  Notes
                  101)                 (Part 101)         (Part 74)             22, 24, 25, 74, 78 &  
                                                                                100)                  

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

  71,000-76,000   CC..............     OFS............    ...............       ................      F/M/TF

  81,000-86,000   CC..............     OFS............    ...............       ................      F/M/TF

  92,300-93,200   CC............\...   OFS.............   ...................   ...................   F/M/TF.

  94,100-95,000   CC............\...   OFS.............   ...................   ...................   F/M/TF.
  ---------------------------------------------------------------------------------------------------------------

11. Section 101.107(a) is amended by adding four new entries in
    numerical order as follows:

    **§ 101.107 Frequency tolerance**

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

  ----------------- ----------------- ----------------- -----------------
  Frequency (MHz)   Frequency                           
                    Tolerance                           
                    (percent)                           

                    All fixed and     Mobile stations   Mobile stations 3
                    base stations     over 3 watts      watts or less

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

  71,000 to 76,000  0.03              0.03              0.03
  \\9\\                                                 

  81,000 to 86,000  0.03              0.03              0.03
  \\9\\                                                 

  92,300 to 93,200                                      
  \\9\\                                                 

  94,100 to 95,000                                      
  \\9\\                                                 
  ----------------- ----------------- ----------------- -----------------

\* \* \*

\\9\\ Equipment authorized to be operated in the 38,600-40,000 MHz,
71,000-76,000 MHz, 81,000-86,000 MHz, 92,300-93,200 MHz and
94,100-95,000 MHz bands are exempt from the frequency tolerance
requirement noted in the above table.

\* \* \* \* \*

12. Section 101.113(a) is amended by adding four entries in numerical
    order as follows:

    **§ 101.113 Transmitter power limitations**

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

  ----------------------- ----------------------- -----------------------
  Frequency band (MHz)    Maximum Allowable EIRP  

                          Fixed (dBW)             Mobile (dBW)

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

  71,000-76,000           +55                     +55

  81,000-86,000           +55                     +55

  92,300-93,200           +55                     +55

  94,100-95,000           +55                     +55
  ----------------------- ----------------------- -----------------------

13. Section 101.147(a) is amended by adding four entries in numerical
    order as follows:

    **§ 101.147 Frequency assignments**

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

    71,000-76,000 MHz \\4\\ \\5\\ \\11\\ \\17\\ \\19\\ 81,000-86,000 MHz
    \\4\\ \\5\\ \\11\\ \\17\\ \\19\\ 92,300-93,200 MHz \\17\\
    94,100-95,000 MHz \\17\\

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

    **Appendix C**

    **List of Commenters**

    **Comments:**

    The Boeing Company

    DMC Stratex Networks, Inc.

    Endwave Corporation

    Fixed Wireless Communications Coalition

    Kauai Economic Development Board

    The National Association of for Amateur Radio (AARL)

    Pacific LightNet

    The Personal Communications Industry Association, Inc.

    Wireless Communications Association International

    **Reply Comments:**

    Loea Communications Corporation

SEPARATE STATEMENT OF

COMMISSIONER KATHLEEN Q. ABERNATHY

*Re: Service Rules for Use of the 71-76 GHz, 81-86 GHz and 92-95 GHz
Bands, Notice of Proposed Rulemaking.*

As technology advances and the pressure to "find" more spectrum
increases, commercial and government research efforts increasingly focus
on spectrum in upper bands. There was certainly a time when commercial
RF interests looked askance at spectrum at 40 GHz, let alone the 70, 80,
and 90 GHz bands we examine today. Innovation, technological change, and
increasing encumbrances in the lower bands have driven the regulatory
process to open these new bands to commercial operations. Over the past
few months I have spoken often about the challenges presented by new
technologies and the increasingly encumbered FCC-administered spectrum
space, today's decision is the positive outgrowth of the spectrum
draught in the lower bands.

As currently conceived the 70, 80 and 90 GHz bands will use "pencil
beams" of radio energy to transmit data relatively short distances
between fixed sites. In many cases there could be thousands of these
"hops" in a relatively small geographic area -- but because of the
narrow beam it is believed multiple systems can co-exist without
interference. This deployment model is unlike anything we have ever seen
and may require new thinking on the appropriate licensing approach.

As I have stated before, spectrum management in our age requires that we
consider the full panoply of tools that Congress gave us for spectrum
distribution: licensed and unlicensed, site-by-site and geographic,
large and small service areas, paired and unpaired. Here I strongly
believe that this new technology requires a cautious approach to the
licensing question. That is, I am not prepared to tentatively conclude
that an auction or even licensing is required. I am pleased that the
item reflects this approach and I look forward to a full record on this
issue with the type of creative thinking that new technologies may
require to succeed.

Commercial operations also must share these new bands with federal
government spectrum users. However, we have an obligation to ensure that
our new licensees are not ultimately surprised to learn that the nature
of the federal government uses in a band preclude commercial
development. I understand that some of this information regarding
government systems is classified, but we must find a way to protect
national security while also developing the commercial spectrum
resource. I look forward to working with my colleagues at NTIA to ensure
the greatest transparency possible in this and other bands.

\* \* \* \* \*

Thanks to Loea Communications Corporation -- the party that petitioned
for the rulemaking we begin today, the other innovators in the bands,
and the hard work of OET and the WTB, with today's Notice we begin to
open a new spectrum frontier for the American people.

STATEMENT OF COMMISSIONER

MICHAEL J. COPPS

RE: In the Matter of Service Rules for Use of the 71-76 GHz, 81-86 GHz
and 92-95 GHz Bands, Notice of Proposed Rulemaking.

I want to commend the Chairman, the Wireless Bureau and OET for
initiating this proceeding. Today's NPRM begins the process of
commercializing around 13 GHz -- or 13,000 MHz -- of spectrum. We may be
dealing with apples and oranges in comparing this spectrum with other
bands, but that's as much spectrum as currently occupied by all AM and
FM broadcasting, all the television channels, all of the CMRS spectrum,
all the way up to the DBS bands. That's a lot of room to cover with one
NPRM, so good work.

I'm glad that we leave this NPRM open, with few tentative conclusions.
These bands are very different than most of our other bands, and we
should keep our minds open. I'm particularly glad to see that we seek
comments on where unlicensed operations are feasible. Unlicensed service
has had great success elsewhere, and we should do our best to explore
this option when we encounter new opportunities.

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

*Re: Allocations and Service Rules for the 71-76 GHz, 81-86 GHz, and
92-95 GHz Bands; Loea Communications Corporation Petition for
Rulemaking*, Notice of Proposed Rulemaking, WT Docket No. 02-146,
RM-10288

I am pleased to approve this item, which initiates a rulemaking to
enable commercial use of the 71-76 GHz, 81-86 GHz, and 92-95 GHz bands.
As I have previously discussed, the amount of available spectrum is
ultimately limited only by technology. *See generally* Separate
Statement of Commissioner Kevin J. Martin, *Amendment of Part 2 of the
Commission's Rules To Allocate Spectrum Below 3 GHz for Mobile and Fixed
Services To Support the Introduction of New Advanced Wireless Services,
Including Third Generation Wireless Systems*, Memorandum Opinion and
Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 16043
(2001). This item is a perfect illustration of that point. The 71-76
GHz, 81-86 GHz, and 92-95 GHz bands -- which have wavelengths of about
three to five millimeters -- have never before been used commercially,
and it was previously unclear how these bands could be used. Now,
commercial interests are experimenting with different uses for these
bands, and this spectrum may ultimately be used commercially for
high-speed wireless local area networks, broadband access systems for
the Internet, point-to-point communications, and point-to-multipoint
communications. I am glad that, through this rulemaking, we can enable
these kinds of commercial uses.

While, at present, the Commission must regard spectrum as a scarce
natural resource, I am hopeful that future technological development
will reduce this sense of scarcity -- by allowing us to use previously
unusable spectrum bands and enabling us to use the spectrum we are
already using more efficiently. Today's item only increases my optimism.

[^1]: The term "millimeter wave" derives from the wavelength of radio
    signals on frequencies between 30 GHz and 300 GHz, which ranges
    between 1 and 10 millimeters.

[^2]: 47 U.S.C. §§ 7(a), 303(g).

[^3]: In the context of spectrum management, "Federal Government" refers
    to use by the Federal Government and "non-Federal Government" refers
    to use by private entities and state and local governments. In the
    past, the Commission has sometimes used the terms "Government" and
    "non-Government" for this same dichotomy, but we feel these longer
    terms are more descriptive and thus, are phasing in the more
    descriptive terms.

[^4]: 47 U.S.C. §§ 7(a), 303(g).

[^5]: *See* Office of Engineering and Technology to Host Forum on 90 GHz
    Technologies, *FCC Public Notice*, DA 00-1191 (May 31, 2000).

[^6]: *See* Loea Communications Corporation, Petition for Rulemaking at
    4 (filed Sept. 10, 2001) (Loea Petition).

[^7]: *See* Loea Petition.

[^8]: For licensed services, these rules are called "service rules."

[^9]: 47 C.F.R. § 2.106.

[^10]: Unlicensed devices that intentionally emit radio frequency energy
    are regulated under Part 15 of our Rules. The Part 15 rules specify
    limits on the power and operating characteristics of these devices
    that are designed to avoid the potential for such devices to cause
    interference. These rules also provide that unlicensed devices may
    not cause interference and must accept interference from other radio
    transmitters. *See* *generally*, 47 C.F.R. Part 15.

[^11]: 47 C.F.R. §§ 15.253, 25.202(a)(1). Consistent with their class of
    licenses, Amateur licensees are permitted to use various bands
    allocated to the Amateur Service without authorization for specific
    frequencies. Therefore, it is unclear as to whether the 75.5-76 GHz
    Amateur Radio band is currently being used.

[^12]: 47 C.F.R. § 5.01 *et seq*. These rules permit simplified
    licensing of spectrum for experiments that would not otherwise be
    permitted under our Rules. In general, equipment may not be marketed
    in connection with such experiments and service may not be provided
    for commercial use. However, there are provisions for "limited
    marketed studies" that permit marketing on a small scale. *See* 47
    C.F.R. § 5.93.

[^13]: No licensed service rules address frequency use above 50.2 GHz.
    The highest frequency specifically authorized for unlicensed use is
    77 GHz, which is used for vehicular radar systems, 47 C.F.R. §
    15.253.

[^14]: *See* Appendix C.

[^15]: By contrast, the wavelengths in the UHF-TV band are about half a
    meter and wavelengths in the AM broadcast band are hundreds of
    meters. The wavelength (expressed in meters) for a given frequency
    can be found by dividing 300 by the frequency (expressed in MHz).

[^16]: *See* Loea Petition at 4.

[^17]: *Id.*

[^18]: For a given beamwidth (directivity), the required antenna size
    scales inversely with frequency. Thus a 45 GHz antenna would be
    twice as large as a 90 GHz antenna with the same beamwidth and a
    22.5 GHz antenna would be four times as large as a 90 GHz antenna
    with the same diameter.

[^19]: *See* Millimeter Wave Propagation: Spectrum Management
    Implications, [OET Bulletin No.
    70](http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet70/oet70a.pdf)
    (July 1997).

[^20]: *See* Loea Petition, Attachment A, Loveberg Paper at 3.

[^21]: *See* Millimeter Wave Propagation: Spectrum Management
    Implications, [OET Bulletin No.
    70](http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet70/oet70a.pdf)
    (July 1997) at 6.

[^22]: The EHF frequencies are between 30 GHz and 300 GHz.

[^23]: Fog absorption can be about 1 dB/km. Heavy rain, approximately 10
    mm/hr, can increase fog absorption to 5 dB/km.

[^24]: That is, the longer the telecommunications path, the higher the
    possibility of weather related outages, and the lower the
    reliability of the microwave path.

[^25]: Optical propagation refers to the propagation of visible
    electromagnetic waves carrying intelligence such as voice, data, or
    video.

[^26]: John F. Ramsay, "Microwave Antenna and Waveguide Techniques
    Before 1900", *Proc. IRE*, February 1958, p. 405-415.

[^27]: These two programs spent about \$700,000,000 on developing
    component technology for millimeter wave frequencies. *See* Chapter
    7.4 Monolithic Microwave Integrated Circuit Technology in *The RF
    and Microwave Handbook*, Mike Golio, Ed., CRC Press, 2001 for a
    discussion of the component technologies involved.

[^28]: *See* Redevelopment of Spectrum to Encourage Innovation in the
    Use of New Telecommunications Technologies, *First Report and Order
    and Third notice of Proposed Rule Making*, 7 FCC Rcd 6886 (1992)
    (reallocating portions of the 2 GHz from fixed microwave services to
    emerging technology systems, including personal communications
    services (PCS)); *See* Authorization of Spread Spectrum and Other
    Wideband Emissions not Presently Provided for in the FCC Rules and
    Regulations, *First Report and Order,* GEN Docket No. 81‑413, 101
    FCC 2d 419 (1985) (*Spread Spectrum First R&O*) (adopting rules in
    Part 15 for low power spread spectrum devices).

[^29]: *Spread Spectrum First R&O*, 101 FCC 2d 419 (1985). In 1989, the
    Commission recodified and clarified the Part 15 spread spectrum
    rules. Revision of Part 15 of the Rules Regarding the Operation of
    Radio Frequency Devices without an Individual License, *First Report
    and Order*, GEN Docket No. 87-389, 4 FCC Rcd 3493 (1989). *See also*
    Amendment of Parts 2 and 15 of the Rules with Regard to the
    Operation of Spread Spectrum Systems, *Report and Order,* GEN Docket
    No. 89-354, 5 FCC Rcd 4123 (1990) (amending Parts 2 and 15 of the
    Rules with regard to operation of spread spectrum systems). *See* 47
    C.F.R. § 15.247.

[^30]: *See Amendment of Part 2 of the Commission's Rules Regarding
    Implementation of the Final Acts of the World Administrative Radio
    Conference, Geneva, 1979*, General Docket No. 80-739, *Second Report
    and Order*, 49 FR 2357 (January 19, 1984).

[^31]: Radio astronomy is astronomy based on the reception of radio
    waves of cosmic origin. *See* 47 C.F.R. § 2.1. The status of these
    RAS allocations are discussed in detail in paragraphs 15, 16, and
    35.

[^32]: *See Final Acts of the World Administrative Radio Conference for
    Dealing with Frequency Allocations in Certain Parts of the Spectrum
    (WARC-92)* at p. 92.

[^33]: An active sensor is an EESS or SRS measuring instrument by means
    of which information is obtained by transmission and reception of
    radio waves. *See* 47 C.F.R. § 2.1.

[^34]: *See Final Acts of the World Radiocommunication Conference
    (WRC-97)* at p. 71.

[^35]: A passive sensor is an EESS or SRS measuring instrument by means
    of which information is obtained by reception of radio waves of
    natural origin. *See* 47 C.F.R. § 2.1.

[^36]: *See Final Acts of the World Radiocommunication Conference
    (WRC-2000)* at pp. 43-46. *See also* United States Proposals for the
    Work of the Conference, Document 12-E, dated January 12, 2000. at
    pp. 31-67.

[^37]: Directional indicators specify the direction in which satellites
    or earth stations would be authorized to transmit. For example, FSS
    uplinks mean that fixed earth stations would be authorized to
    transmit to satellites. Another frequency band would be used for FSS
    downlinks, wherein satellites would be authorized to transmit to
    fixed earth stations.

[^38]: Frequency assignments in bands shared by Federal and non-Federal
    Government services are subject to coordination between NTIA and the
    FCC. No priority is recognized unless the terms of such priority are
    specifically defined in the U.S. Table or unless they are subject to
    mutually agreed arrangements in specific cases.

[^39]: *See* 47 C.F.R. § 2.106, footnotes 5.149, 5.556. In the 2001
    Edition of the ITU Radio Regulations, the "S" has been dropped from
    the footnote numbering. We will employ the new convention throughout
    this Notice in order to minimize confusion. *See* International
    Telecommunication Union Radio Regulations, Edition of 2001.

[^40]: The amateur and AMSAT services are regulated solely by the
    Commission and thus, these allocations were added only to the
    non-Federal Government Table.

[^41]: *See* 47 C.F.R. § 2.106, footnote US270.

[^42]: *See* 47 C.F.R. § 97.301(a).

[^43]: The Commission has already raised the allocation status of the
    amateur and AMSAT services to primary in the 77.5-78 GHz band*.*

[^44]: *See* ARRL Comments at 1.

[^45]: *Id.* at 3.

[^46]: The BSS and broadcasting service are regulated solely by the
    Commission and thus, these allocations will be added only to the
    non-Federal Government Table.

[^47]: *See* Letter from Associate Administrator, Office of Spectrum
    Management, NTIA, U.S. Department of Commerce, to Acting Chief,
    Office of Engineering and Technology, FCC, dated July 18, 2001.

[^48]: *See* Letter from Associate Administrator, Office of Spectrum
    Management, NTIA, U.S. Department of Commerce, to Chief, Office of
    Engineering and Technology, FCC, dated May 28, 2002.

[^49]: *See Amendment of Parts 2, 15, and 97 of the Commission's Rules
    to Permit Use of Radio Frequencies Above 40 GHz for New Radio
    Applications*, ET Docket No. 94-124, *Third Report and Order*, 13
    FCC Rcd 15074 (1998). The amateur and AMSAT services are regulated
    solely by the Commission and thus, these allocation changes were
    made only to the non-Federal Government Table.

[^50]: The BSS and broadcasting service are regulated solely by the
    Commission and thus, these allocations were only added to the
    non-Federal Government Table.

[^51]: *See* 47 C.F.R. § 2.106, footnotes 5.149, 5.556.

[^52]: We observe that footnote 5.556 has been inadvertently deleted
    from the U.S. Table.

[^53]: *See* Unites States Proposals for the Work of the Conference,
    Document 30-E, dated September 4, 1997, Proposals for Agenda Item
    1.9.2, at p.120.

[^54]: *See* NSF letter to Convener, Ad Hoc 212, dated March 1, 2002.

[^55]: *See* United States of America Proposals for the Work of the
    Conference, Document 12-E, dated January 12, 2000, Proposals for
    agenda item 1.16, entitled "A proposal to modify the allocations
    above 71 GHz," at pp. 31-67. *See also* Letter from Associate
    Administrator, Office of Spectrum Management, NTIA, U.S. Department
    of Commerce, to Acting Chief, Office of Engineering and Technology,
    FCC, dated July 18, 2001.

[^56]: The radio frequencies of interest for the RAS depend on the
    characteristics of the object studied. Celestial radio sources
    radiate radio waves varying with time and frequency, with intensity
    and with the polarization determined by their physical conditions.
    Each part of the radio spectrum gives specific information about a
    source. Radio astronomers have to follow the constraints on
    frequency selection imposed by nature. A similar situation holds for
    atmospheric studies based on observations of atmospheric gases.
    These gases generate radio emissions at one or more discrete
    frequencies---such a discrete frequency is called a spectral line.
    These spectral lines are often of interest for Radio astronomers. In
    addition, various RAS projects depend on measurements of broadband
    or continuum emission. *See* CRAF \[Committee on Radio Astronomy
    Frequencies\] handbook for frequency management, dated February
    2002, at p. 6.

[^57]: *See* Appendix A for the text of proposed footnote USzzz, which
    contains the list of RAS telescopes that would be protected under
    this proposal.

[^58]: *See Reallocation of the 216-220 MHz, 1390-1395 MHz,
    1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and
    2385-2390 MHz Government Transfer Bands*, ET Docket No. 00‑221,
    *Report and Order and Memorandum Opinion and Order*, 17 FCC Rcd 368
    (2002) at Appendix C, Section 1.924(f)(1) of the Commission's Rules.

[^59]: This approach would parallel footnote US277 where the 10.6-10.68
    GHz band is allocated to the RAS on a primary basis.  However, the
    RAS does not receive protection from fixed stations that are
    licensed to operate in the one hundred most populous urbanized areas
    as defined by the U.S. Census Bureau. *See* 47 C.F.R. § 2.106,
    footnote US277.

[^60]: *Id.*

[^61]: These passive services are earth exploration satellite (passive),
    radio astronomy, and space research (passive), which use highly
    sensitive receivers for signals from outer space. These devices are
    not used for transmitting.

[^62]: *See* M. Shoucri, G.S. Do, S. Fornaca, B. Hauss, L. Yujiri,
    J.Shannon and L. Summers, Passive Millimeter Wave Camera for
    Enhanced Vision Systems," Proceedings of the SPIE Conference on
    Enhanced and Synthetic Vision, 2736, pp. 2-8, 1996; S. Fornaca, M.
    Shoucri and L. Yujiri, "Passive Millimeter Wave Video for Aviation
    Applications," Proceedings of the SPIE Conference on Enhanced and
    Synthetic Vision 1998, 3364, pp. 20-25, 1998. This region of the
    spectrum has some of the characteristics of infrared radiation.
    Objects such as runways and vehicles spontaneously emit low levels
    of 90 GHz power based on their composition and temperature. A
    scanning receiver can use this emitted power to image an area. While
    fog, rain and clouds affect emissions in this band, the emissions
    are affected significantly less than visual light waves. Hence the
    possibility of imaging airports from an airplane in adverse weather
    is attractive to the aeronautical community if the technology can be
    commercialized.

[^63]: *See WRC-2000 Final Acts* at p. 45.

[^64]: *See* Appendix B for proposed rules.

[^65]: NTIA will supply the list of large military installations prior
    to the adoption of the Report and Order.

[^66]: This separation might complicate the isolation of transmit and
    receive antennas that are closely spaced and require duplexers.

[^67]: *See* Comments of The Boeing Company to Petition for Rulemaking
    at 4 (filed Oct. 29, 2001) (Boeing Comments). We observe that Boeing
    requested the entire 3,000 megahertz between 92 GHz and 95 GHz, but
    that the fixed and mobile allocations in the 94-94.1 GHz band have
    been proposed for deletion. *See* para. 40, *supra.*

[^68]: *Id*.

[^69]: *Id*. at 5.

[^70]: 47 C.F.R. § 2.106.

[^71]: *See* Loea Petition at 9.

[^72]: *Id*.

[^73]: *See* Allocation and Designation of Spectrum for Fixed-Satellite
    Services in the 37.5-38.5 GHz, 40.5-41.5 GHz and 48.2-50.2 GHz
    Frequency Bands, *Report and Order*, 13 FCC Rcd 24649, 24650 ¶
    1(1998) (*36-51 GHz R&O*).

[^74]: *See id.* at 24656 ¶ 13.

[^75]: *Id*. The Commission had considered to allow "underlay" licenses,
    *i.e.*, the licensing of a second service in the bands designated
    for satellite services, but it concluded that underlay licenses
    could make it more difficult to administer the various services and
    could increase the potential for interference between satellite and
    wireless services. *See id.* at 24651 ¶ 3.

[^76]: *See* Allocation and Designation of Spectrum for Fixed-Satellite
    Services in the 37.5-38.5 GHz, 40.5-41.5 GHz and 48.2-50.2 GHz
    Frequency Bands, *Further Notice of Proposed Rulemaking*, 16 FCC Rcd
    12244 (2001) (*36-51 GHz FNPRM*).

[^77]: *Id*. at 12245 ¶ 1.

[^78]: *Id.* at 12258 ¶ 39.

[^79]: *Id.* at 12258-60 ¶¶ 39-50.

[^80]: We note that PFD limits were utilized in downlink
    (space-to-Earth) bands. The current US Table shows this band to be
    81-86 GHz. WRC-2000 reallocated the satellite allocation at 81-86
    GHz into an uplink (Earth-to-space) band, while also changing the
    satellite band at 71-75.5 GHz band from an uplink into a downlink
    allocation.

[^81]: *See* Loea Petition at 10.

[^82]: *Id*. at 11.

[^83]: *Id.* at 12.

[^84]: *Id.*

[^85]: *Id*. at 13*.*

[^86]: *Id.*

[^87]: *See* Boeing Comments at 4-6, Comments of Endwave Corporation at
    3 (filed Oct. 29, 2001) (Endwave Comments), Comments of the Fixed
    Wireless Communications Coalition at 2 (filed Oct. 29, 2001) (FWCC
    Comments).

[^88]: Boeing Comments at 3.

[^89]: *See* para. 94 for discussion of a channelization plan in the
    71-76 and 81-86 GHz bands.

[^90]: *Id.*

[^91]: [47 C.F.R. §
    15.255](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=255&TYPE=TEXT).

[^92]: As shown in Appendix B, the proposed power levels are 9 μW/cm^2^
    average power and 18 μW/cm^2^ peak power, both measured 3 meters
    from the radiating structure.

[^93]: This flexibility follows the precedent set in [47 C.F.R. §
    15.407(e)](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=47&PART=15&SECTION=407&TYPE=TEXT)
    for the Unlicensed National Information Infrastructure band.

[^94]: *See* Loea Petition at 19; *see also* Boeing Comments at 6-8;
    Endwave Comments at 3; FWCC Comments at 2; PCIA Comments at 2; Reply
    Comments of the Wireless Communications Association International at
    3 (filed Nov. 13, 2001) (WCIA Comments).

[^95]: *Id.*

[^96]: *Id*. at 16.

[^97]: *Id*.

[^98]: *Id.* at 19.

[^99]: *See* Boeing Comments at 7.

[^100]: *See* Loea Petition at 19.

[^101]: *See, e.g.* Amendment of Part 90 of the Commission's Rules to
    Facilitate Future Development of SMR Systems in the 800 MHz
    Frequency Band, PR Docket No. 93-144, *First Report and Order,
    Eighth Report and Order, and Second Further Notice of Proposed Rule
    Making*, 11 FCC Rcd 1463 (1995) (restructuring licensing framework
    of 800 MHz Specialized Mobile Radio Service and adopting wide-area
    licensing); *See also* Gregory L. Rosston & Jeffery S. Steinberg,
    *Using Market-Based Spectrum Policy to Promote the Public Interest*,
    50 Fed. Comm. L.J. 87, 94 (1997).

[^102]: There is a discussion of individual station licenses in para.
    58.

[^103]: *See* ¶¶ 62-63, *supra*.

[^104]: 47 U.S.C. § 158.

[^105]: 47 U.S.C. § 159.

[^106]: *Id*. at 16.

[^107]: *See* Loea Petition, Appendix B (HAI Paper) at 14.

[^108]: *Id.*

[^109]: *Id.*

[^110]: 47 C.F.R § 101.103.

[^111]: *See* Loea Petition at 17-18 and HAI Paper at 10. *See also*
    Comments of DMC Stratex Networks, Inc. at 2-3 (filed Oct. 29, 2001)
    (DMX Comments); Comments of The Personal Communications Industry
    Association, Inc. at 2-3 (filed Nov. 13, 2001) (PCIA Comments);
    Endwave Comments at 3-4; Boeing Comments at 6-10.

[^112]: The Commission uses Economic Areas ("EAs") for 24 GHz and 39 GHz
    band, and Regional Economic Area Groupings ("REAs") and the 52 Major
    Economic Areas ("MEAs") for the 2.3 GHz band. There are 172 EAs, as
    defined by the U.S. Department of Commerce, and three additional
    Commission-defined EA-like areas. The three additional EA-like
    services areas are: (1) Guam and the Northern Mariana Islands
    (combined as one service area); (2) Puerto Rico and the United
    States Virgin Islands (combined as one service area); and (3)
    America Samoa. *See* Amendments to Part 1, 2, 87 and 101 of the
    Commission's Rules to License Fixed Services at 24 GHz, WT Docket
    99-327, *Report and Order*, 15 FCC Rcd 16934, 16942-16944 ¶¶ 13-18
    (2000). *See* 47 C.F.R. § 101.64. *See also* Amendment of the
    Commission's Rules regarding the 37.0-38.6 GHz and 38.6-40.0 GHz
    Bands, *Memorandum Opinion and Order*, 14 FCC Rcd 12428, 12452 ¶ 46
    (1999). At the time of the 2.3 GHz auction, REAs were defined as
    Regional Economic Area Groupings ("REAGs"). *See* 47 C.F.R. § 27.6.
    See also Amendment of the Commission's Rules to Establish Part 27,
    the Wireless Communications Service (WCS), 12 FCC Rcd at 10785,
    10814-10816 ¶¶ 54-60 (1997) (*WCS R&O*).

[^113]: *See* Service Rules for the 746-764 and 776-794 MHz Bands and
    Revision to Part 27 of the Commission's Rules, *First Report and
    Order*, 15 FCC Rcd at 476, 500 (2000).

[^114]: 2000 Biennial Regulatory Review Spectrum Aggregation Limits For
    Commercial Mobile Radio Services, WT Docket No. 01-14, *Report and
    Order* (2001); Implementation Of Section 6002(B) of the Omnibus
    Budget Reconciliation Act of 1993, Annual Report and Analysis of
    Competitive Market Conditions with Respect to Commercial Mobile
    Services, *Fourth Report*, 14 FCC Rcd 10145, 10154 ¶¶ 18-19 (Major
    operational trends) (1999).

[^115]: The Commission uses Metropolitan and Rural Service Areas ("MSAs"
    and "RSAs") for Cellular. There are 734 MSAs and RSAs. *See* Public
    Notice Report No. Cl-92-40 "Common Carrier Public Mobile Services
    Information, Cellular MSA/RSA Markets and Counties," dated January
    24, 1992, DA 92-109, 7 FCC Rcd 742 (1992). *See also* 47 C.F.R. §
    22.909. The Commission has licensed MVDDS using the 348 Component
    Economic Areas (CEAs). *See e.g*. 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, *Memorandum Opinion and Order*, *Second Report and
    Order and Second Further Notice of Proposed Rulemaking*, ET Docket
    No. 98-206, FCC No. 02-116, (May 23, 2002).

[^116]: *See* 47 U.S.C. §§ 309(j)(3)(B), (4)(c).

[^117]: *See* 47 U.S.C. § 309(j)(3)(B).

[^118]: *See* 47 U.S.C. § 309(j)(4)(c)(iii).

[^119]: 47 U.S.C. §§ 310(a), 310(b).

[^120]: *Id*.

[^121]: The commitments are incorporated into the General Agreement of
    Trade in Services (GATS) by the Fourth Protocol to the GATS. *See*
    Fourth Protocol to the General Agreement on Trade in Services (WTO
    1997), 36 I.L.M. 366 (1997).

[^122]: *See* Rules and Policies on Foreign Participation in the U.S.
    Telecommunications Market and Market Entry and Regulation of
    Foreign-Affiliated Entities, *Report and Order and Order on
    Reconsideration,* 12 FCC Rcd 23891, 23935-47, ¶¶ 97-132 (1997).

[^123]: *Id.*

[^124]: *See* Service Rules for the 746-764 and 776-794 MHz Bands, and
    Revisions to Part 27 of the Commission's Rules, *First Report and
    Order*, 15 FCC Rcd 476, 502-3 ¶ 64 (2000).

[^125]: *See* 47 U.S.C. § 309(j)(3).

[^126]: *Id.*

[^127]: *See* 47 U.S.C. § 257.

[^128]: *See* Amendment of the Commission's Rules Regarding the
    37.0-38.6 GHz and 38.6-40.0 GHz Bands, *Report and Order and Second
    Notice of Proposed Rule Making*, 12 FCC Rcd 18600, 18617-18619 ¶¶
    30-33 (*39 GHz R&O*).

[^129]: *Id*. at 18619 ¶ 32.

[^130]: Rule Making 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 Services and for Fixed Satellite
    Services, *Third Order on Reconsideration*, 13 FCC Rcd 4856, 4861 ¶
    7, 4863 ¶ 12 (1998).

[^131]: In LMDS and the commercial mobile radio service (CMRS) Spectrum
    Cap, the Commission employed an attributable interest percentage.

[^132]: Band managers are "a class of licensees that are specifically
    authorized to lease their licensed spectrum usage rights for use by
    third parties through private, contractual agreements, without
    having to secure prior approval by the Commission." Promoting
    Efficient Use of Spectrum Through Eliminating Barriers to the
    Development of Secondary Markets, *Notice of Proposed Rule Making*,
    WT Docket No. 00-230, 15 FCC Rcd 24203, 24209 ¶ 17 (2000).

[^133]: *See* Implementation of Sections 309(j) and 337 of the
    Communications Act of 1934 as Amended, WT Docket No. 99-87, *Report
    and Order and Further Notice of Proposed Rule Making*, WT Docket
    99-87, 15 FCC Rcd 22709, 22727-22735 (2000) (*BBA Report and
    Order)*.

[^134]: *See* *id.*

[^135]: *See* Loea Petition at 16.

[^136]: *Id.*

[^137]: We note that the Commission is exploring ways to promote leasing
    in its Secondary Markets proceeding. *See* Promoting Efficient Use
    of the Spectrum through Elimination of Barriers to the Development
    of Secondary Markets, WT Docket No. 00-230, *Notice of Proposed Rule
    Making*, 15 FCC Rcd 24203 (rel. Nov. 27, 2000); *see also* Promoting
    Efficient Use of the Spectrum through Elimination of Barriers to the
    Development of Secondary Markets, *Policy Statement*, 15 FCC Rcd
    24178 (rel. Dec. 1, 2000).

[^138]: *See generally* 47 C.F.R. Part 27 -- Miscellaneous Wireless
    Communications Services (Subpart G).

[^139]: *See 700 MHz Guard Band Second Report and Order*, *supra,* note
    137 (limiting band managers and affiliated spectrum use).

[^140]: *See 700 MHz Guard Band Second Report and Order*, 15 FCC Rcd at
    5327-5328 ¶¶ 63-67; *see also BBA Report and Order*, 15 FCC Rcd
    22733 ¶ 47.

[^141]: *See* Amendments to Parts 1, 2, 27 and 90 of the Commission's
    Rules to License Services in the 216-220 MHz, 1390-1395 MHz,
    1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz and
    2385-2390 MHz Government Transfer Bands, WT Docket 02-8, *Report and
    Order*, ¶ 39 (rel. May 24, 2002).

[^142]: For example, under Part 27 of our Rules, a spectrum user must
    specify, in detail, the operating parameters of the proposed system
    including power, maximum antenna heights, frequency(s) of operation,
    base station locations and area of operations. *See* 47 C.F.R. Part
    27, Subpart G.

[^143]: *See* 47 C.F.R. § 27.607.

[^144]: *See* *700 MHz Guard Band Second Report and Order*, 15 FCC Rcd
    at 5333 ¶ 79.

[^145]: *See* 47 C.F.R. § 2.301.

[^146]: *See* 47 C.F.R. § 101.105.

[^147]: *See* 47 C.F.R. § 101.67.

[^148]: *See* 47 C.F.R. § 101.1011.

[^149]: *Cf.* Section 22.940(a)(2)(i) through Section 22.940(a)(2)(iv)
    of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv); *see
    also* Amendment of Part 22 of the Commission's Rules Relating to
    License Renewals in the Domestic Public Cellular Radio
    Telecommunication Service, *Report and Order*, 7 FCC Rcd 719,
    719-722 ¶¶ 3-18 (1992).

[^150]: "Partitioning" is the assignment of geographic portions of a
    license along the geopolitical or other boundaries. "Disaggregation"
    is the assignment of discrete portions of "blocks" of spectrum
    licensed to a geographic licensee or qualifying entity.
    Disaggregation allows for multiple transmitters in the same area
    operated by different companies (thus, the possibility of harmful
    interference increases).

[^151]: *See* Partitioning and Disaggregation discussion at para. 91.

[^152]: *See* 47 C.F.R. §§ 101.56(g)-(h).

[^153]: *See* 47 C.F.R. §§ 101.535(d)-(e).

[^154]: *See* 47 C.F.R. §§ 101.1111(d)-(e).

[^155]: *Cf.* 47 C.F.R. §§ 22.940(a)(2)(i)-(iv).

[^156]: *See e.g.,* 47 C.F.R. § 22.940(a)(1)(i).

[^157]: *See, e.g.* 47 C.F.R. §§ 101.17(b), 101.1011(a).

[^158]: *See, e.g.* 47 C.F.R. § 101.1011(a).

[^159]: *See* 47 C.F.R. § 101.63(a).

[^160]: *See* 47 C.F.R. § 101.63(b).

[^161]: *See* 47 C.F.R. § 1.1307.

[^162]: *See, e.g*. 47 C.F.R. § 1.928 (regarding frequency coordination
    arrangements between the U.S. and Canada).

[^163]: 47 C.F.R. § 1.924.

[^164]: This coordination may be necessary depending on the final rules
    adopted in this proceeding, near a limited number of Federal
    Government installations that require protection from FCC licensed
    stations in these bands.

[^165]: *See* 47 U.S.C. § 160(a)(1-3). This section provides the
    Commission with authority to forbear from application of virtually
    any regulation or any provision of the Act to a telecommunications
    carrier or telecommunications service, or a class of carriers or
    services. But, the Commission may not forbear from applying the
    requirements of 47 U.S.C. §§ 251(c) and 271 until the Commission
    determines that those requirements have been fully implemented.
    *See* 47 U.S.C. § 160(d).

[^166]: *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, 1463-93, 1478-80 (1994) (*CMRS
    Second Report and Order*).

[^167]: *See* *CMRS Second Report and Order*, 9 FCC Rcd at 1478;
    Personal Communications Industry Association\'s Broadband Personal
    Communications Services Alliance\'s Petition for Forbearance for
    Broadband Personal Communications Services, Forbearance from
    Applying Provisions of the Communications Act to Wireless
    Telecommunications Carriers, WT Docket No. 98- 100, *Memorandum
    Opinion and Order and Notice of Proposed Rulemaking,* 13 FCC Rcd
    16857, 16914 (1998) (declining to forbear from applying Section
    20.12(b) of the Commission\'s Rules (resale rule) and Sections 201
    and 202 of the Communications Act). *See also* RegioNet Wireless
    License, LLC, *Order*, 15 FCC Rcd 16,119 (2000).

[^168]: *See* Hyperion Telecommunications, Inc. Petition Requesting
    Forbearance, Time Warner Communications Petition for Forbearance,
    Complete Detariffing for Competitive Access Providers and
    Competitive Exchange Carriers, *Memorandum Opinion and Order and
    Notice of Proposed Rulemaking,* 12 FCC Rcd 8596, 8608-10 (1997).

[^169]: *See* 47 U.S.C. § 160(a)(1).

[^170]: *See* 47 U.S.C. § 160(a)(2).

[^171]: *See* 47 U.S.C. § 160(a)(3).

[^172]: *See* 47 C.F.R. § 101.56.

[^173]: *See* 47 C.F.R. § 101.1111.

[^174]: *See* Geographic Partitioning and Spectrum Disaggregation by
    Commercial Mobile Radio Services Licensees, *Report and Order*, 11
    FCC Rcd 21831, 21843-44 ¶¶ 13-17.

[^175]: 47 U.S.C. § 309(j)(4)(C).

[^176]: *See* Amendment to Parts 1, 2, 27 and 90 of the Commission's
    rules to License Services in the 216-200 MHz, 1390-1395 MHz,
    1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz 1670-1675 MHz and
    2385-2390 MHz Government Transfer Bands, WT Docket No. 02-8, *Report
    and Order*, FCC 02-152 (rel. May 24, 2002) at ¶ 20.

[^177]: Loea Petition at 9-10, DMC Comments at 2, Boeing Comments at 6
    n.8, Letter from Robert Volker, President of Pacific LightNet to
    Magalie Roman Salas, Secretary, Federal Communications Commission at
    1-2 (filed Nov. 7, 2001) (Pacific LightNet Comments).

[^178]: Part 101 of the Commission's Rules governs the Fixed Microwave
    Services.

[^179]: *See* FWCC Comments at 2; LightNet Comments at 2.

[^180]: *See* DMC Comments at 4.

[^181]: *See* Boeing Comments at 10.

[^182]: *Id.*

[^183]: *See* paras. 47-51.

[^184]: *See* Loea Petition at 11; Boeing Comments at 4; Endwave
    Comments at 3; WCA Comments at 3. We note that only Boeing included
    the 92-95 GHz band in its comments regarding a channelization plan.
    Boeing Comments at 4.

[^185]: Boeing Comments at 5. We note that Boeing included the 92-95 GHz
    band in its comments regarding channelization plans. *Id.*

[^186]: *Id.*

[^187]: *See e.g.* Amendments to Parts 1, 2, 87 and 101 of the
    Commission's Rules to License Fixed Services at 24 GHz, *Report and
    Order*, 15 FCC Rcd 16935, 16965 ¶ 70 (2000).

[^188]: *Id*. at 16963 ¶¶ 65-67.

[^189]: *Id.*

[^190]: *See* 47 C.F.R. § 101.509(b).

[^191]: *See* 47 C.F.R. § 101.509(c).

[^192]: *Id*. at 16693 ¶ 66.

[^193]: 47 C.F.R. § 101.105.

[^194]: *See* Loea Petition, Appendix C at 4.

[^195]: See 47 C.F.R. § 101.107. We note that 39 GHz licensees are
    exempt from the frequency tolerance requirements set forth in
    Section 101.107 of the Commission's Rules. *Id*.

[^196]: *See* Loea Petition at 14.

[^197]: *Id.*

[^198]: We note that an EIRP limitation was necessary in the 39 GHz
    service because of incumbents and overlays in the spectrum. *See*
    *39 GHz R&O*, 12 FCC Rcd at 18632-18634 ¶¶ 66-69.

[^199]: *Id.*

[^200]: *Id.*

[^201]: *See* Endwave Comments at 5.

[^202]: *Id.*

[^203]: *Id.*

[^204]: *See* WCIA Comments at 4.

[^205]: 47 C.F.R. §§ 1.1307(b), 2.1091, 2.1093.

[^206]: *See* "Evaluating Compliance with FCC Guidelines for Human
    Exposure to Radiofrequency Electromagnetic Fields," OET Bulletin No.
    65 (August 1997).

[^207]: 47 C.F.R. § 1.1307.

[^208]: See 47 C.F.R. §§ 1.901-1.981.

[^209]: *See* Loea Petition at 17; *see also* Boeing Comments at 6-8;
    Endwave Comments at 3; FWCC Comments at 2; PCIA Comments at 2; WCIA
    Comments at 3.

[^210]: Loea Petition at 17.

[^211]: *Id.*

[^212]: *Id.*

[^213]: *Id.* at 18.

[^214]: *Id.*

[^215]: *See* Loea Petition, Appendix B, HAI Paper at 9.

[^216]: *Id.*

[^217]: *See* Loea Petition at 18*.*

[^218]: *See* Boeing Comments at 7.

[^219]: *See* Loea Petition at 18; *see also* Boeing Comments at 9.

[^220]: *Id.*

[^221]: *See* 47 U.S.C. § 309(j)(1), (2) (as amended by Balanced Budget
    Act, § 3002).

[^222]: *Id*. 47 U.S.C. § 309(j)(2) exempts from auctions licenses and
    construction permits for public safety radio services, digital
    television service licenses and permits given to existing
    terrestrial broadcast licensees to replace their analog television
    service licenses, and licenses and construction permits for
    noncommercial educational broadcast stations and public broadcast
    stations.

[^223]: *See* 47 U.S.C. §§ 309(j)(1), 309(j)(6)(E).

[^224]: *See* 47 U.S.C. §§ 309(j)(3).

[^225]: *See* *BBA Report and Order*, 15 FCC Rcd 22709.

[^226]: *Id.* at 22718-22723.

[^227]: *Id.*

[^228]: *Id.*

[^229]: *See Benkelman Telephone Co. et al v. FCC*, 220 F.3d 601,606
    (D.C. Cir 2000), *petition for rehearing on other grounds pending*.

[^230]: *Id.* (citations omitted) (citing *DIRECTV, Inc. v. FCC*, 110
    F.3d 816, 828 (D.C. Cir. 1997)).

[^231]: *See supra* paras. 61-69; 47 U.S.C. § 309(j)(3).

[^232]: *See* 47 C.F.R. Section 1.2101 *et. seq.* (Part 1, Subpart Q).
    In 2000, the Commission clarified and amended its general
    competitive bidding procedures for all auctionable services*. See*
    Amendment of Part 1 of the Commission\'s Rules \-- Competitive
    Bidding Procedures, WT Docket No. 97-82, *Order on Reconsideration
    of the Third Report and Order, Fifth Report and Order, and Fourth
    Further Notice of Proposed Rule Making*, 15 FCC Rcd 15293 (2000)
    (*modified by* Erratum, 15 FCC Rcd 21520 (2000)) (*pet. for recons.
    pending)*.

[^233]: *Id*.

[^234]: *Id*.

[^235]: *See Amendment of Part 1 of the Commission\'s Rules -
    Competitive Bidding Procedures, Third Report and Order and Second
    Further Notice of Proposed Rule Making*, 13 FCC Rcd 374, 448-49,
    454-55 (¶¶ 125, 139) (directing the Bureau to seek comment on
    specific mechanisms relating to auction conduct pursuant to the
    Balanced Budget Act) (\"*Part 1 Third Report and Order*\").

[^236]: *See* 47 U.S.C. § 309(j)(4)(D).

[^237]: *See* 47 U.S.C. § 309(j)(3)(B).

[^238]: See Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding, PP Docket No. 93-253, *Second Memorandum
    Opinion and Order*, 9 FCC Rcd 7245, 7269 (¶ 145) (1994)
    (*Competitive Bidding Second Memorandum Opinion and Order*); *see*
    *Part 1 Third Report and Order*, 13 FCC Rcd at 388 ¶ 18 (Commission
    will continue a service-by-service approach to defining small
    businesses.).

[^239]: *See* Loea Petition at 5-7; Loea Comments at 5-7.

[^240]: *See id.* at 9-14.

[^241]: *See id.* at 12.

[^242]: *See* Endwave Comments at 2.

[^243]: *See* Amendment of the Commission's Rules Regarding the
    37.0-38.6 GHz and 38.6-40.0 GHz Bands*, Report and Order and Second
    Notice of Proposed Rule Making*, 12 FCC Rcd 18600, 18662 ¶ 150
    (1997). Currently, these special small business size standards are
    being coordinated with the U.S. Small Business Administration.

[^244]: *Id*. *See also* 47 C.F.R. § 101.1209.

[^245]: In the *Part 1 Third Report and Order*, we adopted a standard
    schedule of bidding credits, the levels of which were developed
    based on our auction experience. *Part 1 Third Report and* Order, 13
    FCC Rcd at 403-04, ¶ 47. *See also* 47 C.F.R. § 1.2110(f)(2).

[^246]: *Id.*

[^247]: *See Adarand Constructors v. Peña*, 515 U.S. 200 (1995)
    (requiring a strict scrutiny standard of review for Congressionally
    mandated race-conscious measures); *United States v. Virginia*, 518
    U.S. 515 (1996) (applying an intermediate standard of review to a
    state program based on gender classification).

[^248]: *See* Loea Comments at 8-11, Boeing Comments at1-2.

[^249]: The Commission has recognized that \"\[f\]lexible allocations
    may result in more efficient spectrum markets.\" *Spectrum Policy
    Statement,* 14 FCC Rcd at 19870-71 ¶ 9 (1999). As the Commission
    observed when it adopted service rules for the 39 GHz bands: \"It is
    in the public interest to afford \[ \] licensees flexibility in the
    design of their systems to respond readily to consumer demand for
    their services, thus allowing the marketplace to dictate the best
    uses for this band.\" Amendment of the Commission\'s Rules Regarding
    the 37.0- 38.6 GHz and 38.6-40 GHz Bands, *Report and Order and
    Second Notice of Proposed Rulemaking*, 12 FCC Rcd 18600, 18616 ¶ 26
    (1997).

[^250]: Biennial Regulatory Review \-- Amendment of Parts 0, 1, 13, 22,
    24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission\'s Rules
    to Facilitate the Development and Use of the Universal Licensing
    System in the Wireless Telecommunications Services, WT Docket No.
    98-20, Amendment of the Amateur Service Rules to Authorize Visiting
    Foreign Amateur Operators to Operate Stations in the United States,
    WT Docket No. 96-188, RM-8677, *Report and Order*, 13 FCC Rcd 21027
    (1998) (*ULS Report and Order*).

[^251]: 47 C.F.R. § 1.913(b).

[^252]: 5 U.S.C. § 603 (1996).

[^253]: *Id*.

[^254]: *See* Pub. L. No. 104-13.

[^255]: 47 C.F.R. §§ 1.415, 1.419.

[^256]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    *Report and Order*, 13 FCC Rcd 11322 (1998).

[^257]: *See* [5 U.S.C. §
    603](http://www4.law.cornell.edu/uscode/5/603.html). The RFA, *see*
    [5 U.S.C. § 601](http://www4.law.cornell.edu/uscode/5/603.html)-612,
    has been amended by the Small Business Regulatory Enforcement
    Fairness Act of 1996, (SBREFA) Pub. L. No. 104-121, Title II, 110
    Stat. 857 (1996).

[^258]: *See* 5 [U.S.C. §
    603(a).](http://www4.law.cornell.edu/uscode/5/603.html)

[^259]: *See* 5 [U.S.C. §
    603(a).](http://www4.law.cornell.edu/uscode/5/603.html)

[^260]: [5 U.S.C. §
    603(b)(3).](http://www4.law.cornell.edu/uscode/5/603.html)

[^261]: 5 U.S.C. § 601(6).

[^262]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in the Small Business Act, 1[5 U.S.C. §
    632).](http://www4.law.cornell.edu/uscode/15/632.html) Pursuant to 5
    U.S.C. § 601(3), the statutory definition of a small business
    applies "unless an agency, after consultation with the Office of
    Advocacy of the Small Business Administration and after opportunity
    for public comment, establishes one or more definitions of such term
    which are appropriate to the activities of the agency and publishes
    such definition(s) in the Federal Register." [5 U.S.C. §
    601(3).](http://www4.law.cornell.edu/uscode/5/601.html)

[^263]: [15 U.S.C. §
    632](http://www4.law.cornell.edu/uscode/15/632.html).

[^264]: 5 U.S.C. § 601(4).

[^265]: 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to Office of Advocacy of
    the U.S. Small Business Administration).

[^266]: *See* 13 C.F.R. § 121.201, NAICS Code 334220.

[^267]: *See* U.S. Department of Commerce, 1992 Census of
    Transportation, Communications and Utilities (issued May 1995),
    NAICS category 334220.

[^268]: *See* para. 91.

[^269]: 47 C.F.R. §§ 2.901, 2.1093.

[^270]: 47 C.F.R. § 1.913(a)(1).

[^271]: 47 C.F.R. § 1.2107.

[^272]: 47 C.F.R. § 1.1307.

[^273]: *See e.g.*, 47 C.F.R. § 1.928 (regarding frequency coordination
    arrangements between the U.S. and Canada).

[^274]: *See* [5 U.S.C. §
    603(c).](http://www4.law.cornell.edu/uscode/5/603.html)

[^275]: Currently, these special small business size standards are being
    coordinated with the U.S. Small Business Administration.