**Federal Communications Commission**

**2006 Biennial Regulatory Review**

**WT Docket No. 06-156**

**Wireless Telecommunications Bureau**

**Staff Report**

**February 14, 2007**

# OVERVIEW

1.  Section 11 of the Communications Act of 1934, as amended, requires
    the Commission: (i) to review biennially its regulations that apply
    to operations or activities of telecommunications service providers;
    and (ii) to determine whether those regulations are "no longer in
    the public interest as the result of meaningful economic competition
    between providers of such service."[^1] This Staff Report summarizes
    the findings of the staff's review of the Federal Communications
    Commission's rules implicated by Section 11 that are within the
    purview of the Wireless Telecommunications Bureau (WTB), *i.e*.,
    rules that apply to the activities or operations of wireless
    telecommunications carriers. Accompanying this report is a detailed
    analysis that identifies each rule part under review, explains the
    purpose, benefits, and disadvantages of the particular rule or rule
    part, and lists any staff recommendation for retaining, modifying,
    or repealing rules within that part.

# SCOPE OF REVIEW 

2.  This review builds upon the Staff Report completed as part of the
    2004 Biennial Regulatory Review.[^2] As in the *2004 Biennial Review
    Staff Report*,[^3] this Report summarizes staff's review of the
    Commission rules that affect wireless telecommunications carriers,
    the status of ongoing and recent initiatives, and recommendations on
    whether specific rules should be retained, modified, or repealed.
    The staff's recommendations are reported in more detail in the
    attached rule part analysis,[^4] which also summarizes the comments
    that were submitted in response to the Commission's August 10, 2006
    *Public Notice* initiating this Biennial Review.[^5] In conducting
    this Section 11 review, staff considered: (1) the purpose of the
    rule; (2) the advantages of the rule; (3) the disadvantages of the
    rule; and (4) the impact competitive developments may have had on
    the need for the rule.

3.  In addition to evaluating rules that affect wireless
    telecommunications carriers on the basis of whether they are "no
    longer necessary in the public interest as the result of meaningful
    competition," WTB staff has taken the opportunity to consider
    whether any such rules should be streamlined, modified, or
    eliminated for reasons other than those related to competitive
    developments that fall within the scope of Section 11 review. Thus,
    although not required to do so under Section 11, staff has reviewed
    whether circumstances other than the development of meaningful
    economic competition (e.g., technological change since the adoption
    of the rule, inconsistency in regulation of similarly situated
    services, reduction of regulatory burdens) justify streamlining,
    modification, or repeal of particular rules.

4.  Once the Commission has made its determinations with respect to the
    recommendations in this report, staff expects that the Commission
    would initiate proceedings to modify or eliminate selected rules.
    These proceedings would conform to Commission procedural rules and
    the Administrative Procedure Act. Some of these proceedings have
    been initiated already, while we anticipate that others will be
    initiated in the next year.

5.  The Wireless Telecommunications Bureau is responsible for licensing
    and regulating all wireless communications services other than
    unlicensed devices, public safety, broadcast and satellite services.
    Wireless communications services include commercially provided
    services such as cellular, Personal Communications Services (PCS),
    and paging, as well as fixed and private radio services.

6.  The functions of the Bureau largely derive from Title III of the
    Communications Act, which governs licensing of spectrum in general
    and wireless services in particular.[^6] The vast majority of the
    Commission's regulations affecting wireless carriers consist of: (1)
    allocation and service rules; (2) procedural rules concerning
    licensing and auctions; and (3) technical and operational rules.

7.  The market for wireless carriers has changed dramatically in recent
    years as a result of entry by new wireless competitors, substantial
    growth, and increased competition in the wireless market. In 1993,
    Congress granted authority to the Commission to award wireless
    licenses by auction.[^7] Since that time, the Commission has
    conducted 66 spectrum auctions for services such as broadband and
    narrowband PCS, Specialized Mobile Radio (SMR), Wireless
    Communications Service (WCS), Local Multipoint Distribution Service
    (LMDS), Multichannel Video Distribution and Data Service (MVDDS),
    Advanced Wireless Services (AWS), and numerous other fixed and
    mobile wireless services.[^8] These auctions have resulted in a
    dramatic increase in the number of competing wireless service
    providers. In its *Eleventh CMRS Competition Report*, released on
    September 29, 2006, the Commission concluded that there is effective
    competition in the Commercial Mobile Radio Services (CMRS)
    marketplace, which continues to benefit consumers in the form of
    price competition and competition to provide innovative and improved
    service offerings.[^9]

8.  As a result of increased wireless licensing and new competition, the
    Commission has substantially deregulated many aspects of wireless
    services. The Commission has adopted a number of policies and rule
    changes to streamline application processing and reduce regulatory
    burdens, as discussed below. The dynamic and rapidly evolving nature
    of the wireless industry continues to make it important for the
    Commission to review its wireless regulations on a regular basis.

9.  On August 10, 2006, the Commission issued a Public Notice seeking
    comment on the rules and regulations within its purview under the
    2006 Biennial Review.[^10] The Bureau has reviewed the following
    rule parts implicated by Section 11 that affect wireless
    telecommunications carriers:[^11]

[Part 1 -- Practice and Procedure]{.underline} -- In addition to
containing the procedural rules of general applicability to all
Commission licensees, contains certain rules that explicitly address
wireless telecommunications applications and proceedings (Subpart F) and
procedures relating to competitive bidding (Subpart Q).

[Part 17 -- Construction, Marking, and Lighting of Antenna
Structures]{.underline} -- Contains rules pertaining to the
construction, marking, lighting, registration, and notification relating
to radio antenna structures used for provision of wireless radio
services.

[Part 20 -- Commercial Mobile Radio Services]{.underline} -- Contains
rules applicable to CMRS providers, including rules relating to
citizenship, interconnection to facilities of local exchange carriers,
roaming, hearing aid compatibility, Title II obligations, and 911
service.

[Part 22 -- Public Mobile Services]{.underline} -- Contains rules
governing domestic, commercial mobile services, including the cellular
telephone service, that are authorized to provide radio
telecommunication services to the public.

[Part 24 -- Personal Communications Services]{.underline} -- Contains
rules applicable to general licensing and application filing
requirements, technical standards, and operations for narrowband and
broadband Personal Communications Services licensees.

[Part 27 -- Wireless Communications Services]{.underline} -- Contains
rules governing the provision of miscellaneous wireless communications
services on various frequency bands allocated for flexible use pursuant
to Section 303(y) of the Communications Act.

[Part 80 -- Stations in the Maritime Service]{.underline} -- Contains
licensing, technical, and operational rules for various maritime radio
services.

[Part 90 -- Private Land Mobile Radio Services]{.underline} -- Contains
rules applicable to general licensing and application filing
requirements, technical standards, and operations for Specialized Mobile
Radio and other commercial, private, and public safety licensees.

[Part 95 -- Personal Radio Service]{.underline} -- Contains licensing,
technical, and operational rules for the commercial 218-219 MHz Service,
individuals needing land mobile licenses, and other personal radio uses
such as medical telemetry devices.

[Part 101 -- Fixed Microwave Services]{.underline} -- Contains
licensing, technical, and operational rules for private and common
carrier terrestrial fixed point-to-point microwave services, including
rules or subparts governing the 24 GHz Service, 39 GHz Service, the
70/80/90 GHz bands, Local Television Transmission Service, Local
Multipoint Distribution Service, Multiple Address Systems, Multichannel
Video Distribution and Data Service, and Digital Electronic Message
Service.

10. In response to the *Public Notice*, the Commission received two
    comments and one reply comment related to these rule parts.

## III. RECENT AND ONGOING ACTIVITIES {#iii.-recent-and-ongoing-activities .unnumbered}

11. During the past two years, the Bureau has engaged in a number of
    major initiatives to streamline and eliminate unnecessary rules
    affecting wireless services.

#### Procedures For Participation of Federally Recognized Indian Tribes and Native Hawaiian Organizations Under the Nationwide Programmatic Agreement

12. On October 6, 2005, the Commission issued a *Declaratory Ruling*
    interpreting the provisions in the Nationwide Programmatic Agreement
    For Review of Effects On Historic Properties For Certain
    Undertakings Approved By The Federal Communications Commission that
    govern participation of Indian tribes and Native Hawaiian
    Organizations ("NHOs").[^12] The *Declaratory Ruling* established a
    process for addressing situations where a federally recognized
    Indian tribe or NHO has not responded to efforts by the applicant
    and the Commission to determine whether the Indian tribe or NHO has
    an interest in participating in the review of proposed construction
    of communications towers and antennas.

#### Spectrum Leasing

13. In 2004, the Commission adopted the *Secondary Markets 2^nd^ Report
    and Order*, which further streamlined the processing of certain
    spectrum leasing and transfer/assignment applications and authorized
    licensees to make spectrum available to third-party users on a
    "private commons" basis.[^13]

#### Upper 700 MHz Guard Band Proceeding

14. In September 2006, the Commission adopted a *Notice of Proposed Rule
    Making* that seeks comment on several service rule changes that may
    provide greater flexibility to 700 MHz Guard Bands licensees, while
    maintaining adequate interference protection for public safety
    licensees.[^14] Among other things, the Commission asked commenters
    to discuss whether: (1) the FCC's spectrum leasing rules should be
    extended to the Guard Bands; (2) the Commission should take steps to
    increase band manager flexibility for incumbents and prospective
    licensees; (3) the prohibition on deploying cellular architectures
    within the Guard Bands should be eliminated; and (4) the current
    Adjacent Channel Power (out of band emission) limits in the Guard
    Bands should be changed. The Commission also sought comment on
    proposals for re-licensing the Guard Bands licenses that were
    returned from Nextel.

#### Streamlining and Harmonization Biennial Review Proceeding 

15. In July 2005, the Commission adopted a *Report and Order and Further
    Notice of Proposed Rule Making* that streamlines and harmonizes the
    Part 1, 22, 24, 27, and 90 rules to clarify spectrum rights and
    obligations and optimize flexibility for wireless service
    licensees.[^15] For example, the Commission relaxed the rules to
    classify as a minor modification the deletion of frequencies and
    transmitter sites from a multi-site authorization under Part 90. It
    also eliminated the transmitter output power limits under Part 24
    and removed or modified several additional licensing provisions. In
    the *Further Notice*, the Commission sought comment on potential
    changes to the broadband PCS radiated power limits.

#### Air-Ground Proceeding 

16. On December 15, 2004, the Commission adopted a *Report and* *Order*
    that substantially revises the rules governing the Air-Ground
    Radiotelephone Service.[^16] Among other things, the Commission
    decided to offer nationwide licenses for the four megahertz of
    commercial air-ground spectrum in three alternative band plan
    configurations. The Commission decided that, in the event mutually
    exclusive applications were accepted for filing, it would award to
    winning bidders in an auction the licenses comprising the band plan
    that received the highest aggregate gross bid. On December 8, 2005,
    in response to petitions for reconsideration of the 2004 *Report and
    Order*, the Commission adopted a *Reconsideration Order* clarifying,
    *inter alia,* that stratospheric platforms, such as high-altitude
    balloons, may be used to provide air-ground services.[^17] In a
    *Report and Order* of the same date, the Commission adopted
    competitive bidding rules for the 800 MHz commercial and 400 MHz
    general aviation air-ground services, including size standards for
    determining small business eligibility for bidding credits in the
    800 MHz commercial air-ground service.[^18] An auction was held for
    the 800 MHz licenses (Auction No. 65) ending June 6, 2006,[^19] and
    the Commission granted licenses to the winning bidders on October
    31, 2006 under call signs WQFX728 and WQFX729.[^20]

#### Part 22 Non-Cellular Services

17. As part of the *Report and Order* regarding the Air-Ground
    Radiotelephone Service discussed in the preceding paragraph, the
    Commission also streamlined certain non-cellular Part 22 Public
    Mobile Services rules that were found no longer to be
    warranted.[^21] For example, the Commission removed the requirement
    that Part 22 licensees be common carriers, modified rules governing
    the provision of dispatch service by paging licensees, and
    recodified certain Part 22 rules to Part 1 to provide uniform
    methods for the calculation of terrain elevation and distance for
    most wireless services.

#### Rural Proceeding 

18. In July 2004, the Commission adopted a *Report and Order and Further
    Notice of Proposed Rule Making* designed to facilitate the
    deployment of wireless services in rural areas. Among other things,
    the Commission: defined "rural areas" for wireless services; decided
    to continue to establish licensing areas on a case-by-case basis;
    modified certain rules to facilitate increased access to capital for
    rural licensees; and modified certain technical and licensing
    requirements to promote cost-effective coverage to rural areas.[^22]
    In the *FNPRM* portion of the item, the Commission sought comment on
    additional ways to foster access to spectrum and deployment of
    services in rural areas. There were also two Petitions for
    Reconsideration filed addressing specific construction requirements
    and power limits.[^23]

#### M-LMS Proceeding 

19. On March 1, 2006, the Commission adopted a *Notice of Proposed
    Rulemaking* (*Notice*) as part of its reexamination of the
    regulations governing the use of the multilateration Location and
    Monitoring Service (M-LMS) spectrum (*i.e.*, 904-909.75 MHz and
    919.75-928 MHz) that is shared with various users, including Part 15
    unlicensed devices, amateurs and Federal Government operations.
    [^24] Specifically, the *Notice* seeks comments on the following
    issues: (1) whether M-LMS licensees in the 902-928 MHz band should
    be afforded additional flexibility in the type of service they
    provide (*i.e*., not be restricted to systems that must primarily
    transmit status and instructional messages relate to the location or
    monitoring functions of that system); (2) whether to remove the
    restriction on real-time interconnection to the public switched
    network; (3) whether to adopt stricter technical and/or power limits
    for M-LMS licensees to ensure that flexibility for these licensees
    does not increase interference to unlicensed devices; (4) whether to
    adopt its tentative conclusion that it would be in the public
    interest to retain the Part 15 safe harbor, which provides that
    unlicensed and amateur operations that comply with certain technical
    parameters will not be considered to be causing harmful interference
    to M-LMS systems; (5) whether to eliminate restrictions on the
    aggregation of spectrum that permit a licensee to aggregate two, but
    not all three M-LMS spectrum blocks, for a total of 8 megahertz out
    of the 14 megahertz in this band; and (6) whether to eliminate the
    requirement that M-LMS licensees conduct field tests on their
    systems to ensure that they do not cause unacceptable interference
    to Part 15 devices.

#### 70/80/90 GHz Proceeding

20. In 2004 and 2005, the Commission took further steps in its
    establishment of a flexible and innovative regulatory framework for
    the 70/80/90 GHz bands that does not require traditional Part 101
    frequency coordination among non-Federal Government users.[^25]
    Under this approach, as originally adopted in 2003, the Commission
    will issue an unlimited number of non-exclusive nationwide licenses
    to non-Federal Government entities for the 12.9 gigahertz of
    spectrum allocated for commercial use. These licenses serve as a
    prerequisite for registering individual point-to-point links in the
    70/80/90 GHz bands, which are allocated on a shared basis with
    Federal Government users. On September 29, 2004, the Wireless
    Telecommunications Bureau released an Order announcing the
    appointment of three private entities as independent database
    managers responsible for the design and management of the
    third-party link registration system for the bands.[^26] On February
    3, 2005, the Wireless Telecommunications Bureau announced a
    permanent process for registering links in the bands.[^27] On March
    3, 2005, the Commission released a *Memorandum Opinion and Order*
    that modified the rules to: require interference analyses prior to
    registering all new or modified links in the 71‑76 GHz and 81-86 GHz
    bands; eliminate the band segmentation and loading requirements and
    relax the efficiency requirement to 0.125 bits per second
    (bps)/Hertz (Hz); and accommodate smaller (18"), less expensive
    antennas by lowering the minimum antenna gain requirement to 43 dBi
    and 1.2 degree half-power beamwidth.[^28]

#### BRS-EBS Proceeding

21. On July 29, 2004, the Commission released a *Report and Order and
    Further Notice of Proposed Rulemaking* that transforms the rules
    governing the Multipoint Distribution Service (MDS) and the
    Instructional Television Fixed Service (ITFS) in order to encourage
    the deployment of broadband services by commercial and educational
    entities.[^29] To better reflect the forward-looking vision for
    these services, the Commission renamed MDS the Broadband Radio
    Service (BRS) and ITFS the Educational Broadband Service (EBS). The
    Commission created a new band plan for 2495-2690 MHz that eliminates
    the use of interleaved channels by BRS and EBS licensees and creates
    distinct band segments for high power operations, such as one-way
    video transmission, and low power operations, such as two-way fixed
    and mobile broadband applications. The Commission also established a
    mechanism for transition from the existing band configuration to the
    new band plan. BRS and EBS providers will have a three-year period
    during which they may propose transition plans for relocating
    existing facilities of all other licensees within the same Major
    Economic Area (MEA) to new spectrum assignments in the revised band
    plan. In addition, the Commission deleted Part 21 and Subpart I of
    Part 74, and consolidated the rules for BRS and EBS into Part 27 of
    the Commission's Rules. On April 27, 2006, the Commission released a
    *Third Memorandum Opinion and Order and Second Report and Order* in
    this proceeding.[^30] Among other things, the Commission changed the
    transition size area from MEA to Basic Trading Area, and decided to
    permit licensees to self-transition if a proponent has not come
    forward by 30 months after the effective date of the amended rules.

#### AWS Proceedings

22. In 2004 through 2006, the Commission took several steps to build on
    its establishment of a flexible-use licensing framework under Part
    27 for the first 90 megahertz of Advanced Wireless Service spectrum
    ("AWS-1"), consisting of 1710-1755 and 2110-2155 MHz.[^31]
    Separately, in 2004, the Commission allocated spectrum in the
    1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands
    for fixed and mobile use, designated it for AWS ("AWS-2"), and
    proposed service rules for this 20 megahertz of additional AWS
    spectrum under the Part 27 flexible use regime.[^32] In 2005, the
    Commission allocated an additional 20 MHz of spectrum at 2155-2175
    MHz ("AWS-3") suitable for AWS uses, and modified its rules for the
    AWS-1 band to provide additional opportunities for smaller and rural
    wireless carriers to access this spectrum.[^33] In 2006, the
    Commission established procedures by which new AWS licensees may
    relocate incumbent BRS and Fixed Microwave Service (FS) operations
    in spectrum that has been allocated for AWS, and established cost
    sharing obligations for AWS and Mobile Satellite Service (MSS)
    entrants that benefit from the relocation of FS and BRS operations
    in these bands.[^34] In addition, on September 18, 2006, the
    Commission completed the auction of AWS-1 licenses in the 1710-1755
    MHz and 2110-2155 MHz bands (Auction No. 66), in which 104 winning
    bidders won a total of 1,087 licenses.[^35] The Commission has
    granted over two-thirds of the applications submitted by winners in
    Auction No. 66, issuing 942 licenses,[^36] and is currently
    reviewing the remaining applications.

#### Commercial Spectrum Enhancement Act (CSEA) Proceeding

23. The Commercial Spectrum Enhancement Act (CSEA) established a
    mechanism to use spectrum auction proceeds to reimburse federal
    agencies operating in the 1710-1755 MHz bands and certain other
    frequency bands for the cost of relocating operations.[^37] The
    1710-1755 MHz band is identified by CSEA as government transfer
    spectrum for which auction proceeds must be placed in a trust fund
    established to reimburse federal agencies operating on those
    frequencies for the cost of relocating to other bands. On June 14,
    2005, the Commission released a *Declaratory Ruling and Notice of
    Proposed Rulemaking* seeking comment on the rules and procedures
    needed to comply with CSEA, including any changes needed to
    implement the requirement that the proceeds of an auction of
    spectrum subject to CSEA equal at least 110 percent of the total
    estimated relocation costs.[^38] On January 24, 2006, the Commission
    released a *Report and Order* adopting modifications to its
    competitive bidding rules in light of CSEA.[^39] Among other things,
    the Commission modified its reserve price rule to provide that, for
    any auction of "eligible frequencies" requiring the recovery of
    estimated relocation costs pursuant to CSEA, the Commission will
    establish a reserve price(s) pursuant to which the total cash
    proceeds shall equal at least 110 percent of the total estimated
    relocation costs provided to the Commission pursuant to CSEA.

#### Designated Entity Proceeding

24. On February 3, 2006, the Commission released a *Further Notice of
    Proposed Rulemaking* which sought comment on whether the Commission
    should make any changes to its competitive bidding rules as they
    relate to designated entities.[^40] On April 25, 2006, the
    Commission adopted a *Second Report and Order*, which modified the
    Commission's rules for determining the eligibility of applicants for
    designated entity benefits in the context of competitive
    bidding.[^41] Among other things, the Commission adopted rules to
    limit the award of designated entity benefits to any applicant or
    licensee that has "impermissible material relationships" or an
    "attributable material relationship" created by certain agreements
    with one or more other entities for the lease or resale (including
    under a wholesale arrangement) of its spectrum capacity. At the same
    time the Commission released a *Second Further Notice of Proposed
    Rule Making* seeking comment on a variety of additional measures
    that might further augment the effectiveness of the rules to enhance
    the Commission's ability to ensure that the recipients of designated
    entity benefits are limited to those entities and for those purposes
    that Congress intended.[^42] On June 2, 2006, the Commission
    released an *Order on Reconsideration of the* *Second Report &Order*
    clarifying, on its own motion, certain aspects of the *Second Report
    & Order*.[^43]

## IV. SUMMARY OF BIENNIAL REGULATORY REVIEW  {#iv.-summary-of-biennial-regulatory-review .unnumbered}

25. Pursuant to Section 11, the Bureau has determined, based on its own
    review and on comments received in this proceeding, that there are
    some areas in which the development of meaningful competition among
    wireless telecommunications providers may warrant changing or
    eliminating regulations. As summarized below, the staff recommends
    revising or eliminating a number of several specific rules, either
    as part of various efforts already underway or as part of newly
    initiated proceedings.[^44]

### Review/Revision/Streamlining Efforts Already Under Way  {#reviewrevisionstreamlining-efforts-already-under-way .unnumbered}

26. The Commission already is in the process of considering revisions or
    possible elimination of numerous rules relating to wireless radio
    services. These efforts include revisions guided by competitive
    developments contemplated by Section 11 as well as streamlining
    efforts that fall outside the scope of Section 11. They are briefly
    summarized below.

27. *Parts 1, 22, 24, 27, and 90*. The Commission is currently
    considering what kind of mechanisms---such as performance
    requirements, partitioning and disaggregation, and
    re-licensing---might further promote the provision of wireless radio
    services to rural areas as well as to ensure that spectrum
    ultimately continues to be put to its highest use.[^45]

28. *Section 20.11 rules relating to intercarrier compensation.* The
    Commission currently is exploring ways of reforming its intercarrier
    compensation rules, including the rules set forth in Section 20.11.
    It is examining the existing patchwork of interconnection rules and
    seeking to adopt an approach that minimizes the need for regulatory
    intervention.[^46]

29. *Section 20.12(c) rules relating to CMRS carrier "roaming"
    obligations.* The Commission is examining whether, in light of
    competitive and other developments, it should eliminate the manual
    roaming rule applicable to CMRS carriers.[^47]

30. *Parts 22, 24, and 27*. The Commission is currently considering
    whether to modify the current Parts 22, 24 and 27 radiated power
    limits for certain commercial mobile services.[^48]

31. *Part 27*. The Commission is currently considering whether to revise
    the Part 27 service rules applicable to existing and prospective
    Upper 700 MHz Guard Bands licensees.[^49]

32. *Part 52 Rules*. The Commission is currently considering the impact
    of its rule regarding wireline to wireless local number portability
    on small entities.[^50]

33. *Part 80 Rules*. The Commission is currently considering whether to
    permit VPC and AMTS licensees to provide private mobile radio
    service to units on land.[^51]

34. *Part 90 --* The Commission is currently considering a proposal to
    defer or eliminate the requirement in Section 90.203(j)(5) of the
    rules that certain applications for equipment authorizations
    received on or after January 1, 2005 specify 6.25 kHz
    capability.[^52] The Commission is currently re-examining the M-LMS
    rules as indicated above.[^53]

### Proceedings that Staff Recommends Be Initiated in Order To Modify or Repeal Current Rules {#proceedings-that-staff-recommends-be-initiated-in-order-to-modify-or-repeal-current-rules .unnumbered}

35. In response to the comments received or as a result of ongoing
    review of the rules within the purview of the Bureau, staff
    recommends initiating a new proceeding or proceedings to consider
    modifying or eliminating the following rules. The modifications
    proposed below generally involve streamlining procedural, technical,
    and operational rules for reasons that fall outside the scope of
    Section 11 review.

36. *Section 1.2111(a) filing requirements for applications for
    transfers of control or assignment of licenses*. Staff continues to
    recommend that the Commission consider revising section 1.2111(a) to
    eliminate the requirement that an applicant seeking approval for a
    transfer of control or assignment of a license within three years of
    receiving the license through competitive bidding file transaction
    documents with the Commission. In addition, since the staff made its
    initial recommendation, the Commission has adopted rules governing
    secondary market transfers that, with the exception of transfers
    involving designated entities, generally do not require that the
    parties to the transfer file transaction documents with the
    Commission. Staff\'s proposal to revise section 1.2111(a) is
    therefore consistent with the Commission\'s recent approach of
    generally not requiring parties transferring licenses to file
    transaction documents with the Commission.

37. *Part 17 rules.* WTB staff recommends that the Commission institute
    a proceeding to examine the Part 17 rules to modify or eliminate,
    without compromising public safety goals, any rules which create
    unnecessary administrative burdens or are apt to confuse owners and
    licensees who attempt to comply with our Part 17 rules. PCIA filed
    comments suggesting changes to the following Part 17 Rules: Sections
    17.4(e)-(g), 17.6(c), 17.23, 17.47(b) and 17.57.[^54]

38. *Section 20.6*. Staff recommends that section 20.6 be removed from
    the Code of Federal Regulations. Section 20.6(f) provides that the
    rule has already sunset as of January 1, 2003.

39. *Section 20.12 as it relates to wireless resale*. Staff recommends
    that paragraph (b) of this Section (and the last sentence of
    paragraph (a) defining the scope of paragraph (b)) be removed.
    Section 20.12(b)(3) provides that the rule has already sunset as of
    November 24, 2002.[^55]

40. *Section 20.20*. Staff recommends that section 20.20 be removed from
    the Code of Federal Regulations. Section 20.20(f) provides that the
    rule has already sunset as of January 1, 2002.

41. The staff also recommends removing the fixed microwave relocation
    rules for Personal Communications Services (PCS) in sections
    24.239-24.253 and to amend sections 101.69-101.81 to remove the
    1850-1990 MHz band because these rules have reached their
    sunset.[^56]

    appendix I: rule part analysis

Part 1 -- Practice and Procedure

part 1, Subpart F -- Wireless Telecommunications Services Applications
and Procedures

Description

Part 1, subpart F sets forth procedural rules governing the filing of
applications and the issuance of wireless licenses.[^57] The rules cover
all of the basic types of applications associated with wireless
licensing, including initial applications, amendments and modifications,
waiver requests, requests for special temporary authorization,
assignment and transfer applications, and renewals. In addition, subpart
F includes rules concerning public notices, petitions to deny, dismissal
of applications, and termination of licenses.

The subpart F rules were adopted as part of the 1998 Biennial Regulatory
Review in the *Universal Licensing* proceeding, WT Docket No.
98-20.[^58] The Commission initiated this proceeding in connection with
the implementation of the Universal Licensing System (ULS), an
integrated, automated system for electronic filing and processing of
wireless applications. In the *Universal Licensing* proceeding, the
Commission consolidated and streamlined its procedural rules into
subpart F, which replaced numerous service-specific rules that had
previously applied to different wireless services. In addition, the
Commission adopted new standardized application forms designed for use
in ULS, and adopted rules requiring all wireless telecommunications
carriers, as well as certain other classes of wireless licensees, to
file applications electronically.[^59] The Commission made minor changes
to those rules in the 1999 reconsideration of the *ULS Report and
Order*.[^60]

Purpose

The purpose of subpart F is to: (1) establish uniform procedures for the
licensing of all wireless services; (2) minimize filing requirements;
and (3) ensure the collection of reliable information from applicants
and licensees.

Analysis

Status of Competition

As noted above, the Part 1, subpart F rules pertain to procedural
requirements relating to the many wireless radio services regulated
pursuant to other specific rule parts addressed in our rule part
analysis. Accordingly, we do not address here the status of competition
in specific wireless radio services, but instead will address this issue
in the context of rule parts affecting particular services, discussed
*infra.*

Advantages

Consolidating the wireless procedural rules into a single subpart
provides greater clarity, consistency, and predictability to the
licensing process than the prior array of sometimes inconsistent
service-specific rules, forms, and procedures. This lessens the filing
burden on applicants, and also facilitates more rapid and efficient
processing by the Commission.

Disadvantages

The requirement of electronic filing for all wireless telecommunications
carriers imposes certain technical burdens and costs. In addition, the
general procedural rules contained in subpart F impose administrative
burdens on wireless applicants and licensees that are inherent to the
licensing process.

Recent Efforts

On May 15, 2003, the Commission adopted the *Secondary Markets Report
and Order and Further Notice of Proposed Rulemaking*, which among other
things provided for more streamlined approval procedures (using ULS)
relating to assignment and transfer applications for many Wireless Radio
Service license authorizations under section 1.948.[^61] In the
following year, on July 8, 2004, the Commission adopted the *Secondary
Markets Second Report and Order and Second Further Notice of Proposed
Rulemaking*, which provided streamlined approval procedures for all
Wireless Radio Services and made immediate (i.e., overnight) approval
procedures available for certain of these applications to the extent
they did not raise potential public interest concerns that merited
additional Commission review.[^62] To implement these processing
changes, the Commission in July 2005 revised its Form 603 to enable
immediate processing of qualifying applications.[^63]

On July 8, 2004, the Commission adopted the *Rural R&O and FNPRM*,
adopting measures to facilitate the deployment of wireless services in
rural areas including the elimination of the cellular cross-interest
rule in RSAs and an increase in permissible power levels for base
stations in certain wireless services that are located in rural areas or
that provide coverage to otherwise unserved areas.[^64] In lieu of the
cellular cross interest rule, the Commission adopted new reporting
requirements in section 1.919 for use in conjunction with a case-by-case
approach to reviewing substantial transfers or assignments. In the
*Further Notice* portion of the item, the Commission sought comment on
additional ways to foster access to spectrum and deployment of services
in rural areas.

On July 22, 2005, the Commission adopted a *Report and Order and Further
Notice of Proposed Rule Making* that streamlines and harmonizes the Part
1, 22, 24, 27, and 90 rules to clarify spectrum rights and obligations
and optimize flexibility for wireless service licensees.[^65] For
example, the Commission amended sections 1.927, 1.929 and 1.939
regarding the filing of transfers of control, the classification of
major vs. minor modifications and the process for filing petitions to
deny, respectively.

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 1, subpart F rules establish general procedural requirements
applicable to our many different wireless services, and do not contain
substantive rules affecting any particular service. As such, the need
and purposes for these rules are not directly affected by competitive
developments that guide our Section 11 analysis. Accordingly, pursuant
to our Section 11 biennial review, we do not find that this rule subpart
is "no longer necessary in the public interest as the result of
meaningful economic competition between providers of such
\[telecommunications\] service."

part 1, Subpart I -- Procedures Implementing the National Environmental
Policy Act of 1969

Description

Part 1, Subpart I of the Commission's rules[^66] implements the
requirements of the National Environmental Policy Act (NEPA)[^67] as
well as a series of other federal environmental laws, including the
Endangered Species Act of 1973, as amended,[^68] the National Historic
Preservation Act of 1966 (NHPA),[^69] the Wilderness Act of 1964, as
amended,[^70] statutory provisions relating to Indian religious
sites,[^71] and the Wildlife Refuge Laws.[^72] In addition, the
Commission's environmental rules implement Executive Orders regarding
flood plains and wetlands regulation.[^73] By statute and regulations of
the Council on Environmental Quality (CEQ),[^74] the Commission is
responsible for ensuring compliance with these laws. The rules identify
certain special issues for consideration, including the impact of
high-intensity white lights on towers in residential neighborhoods[^75]
and the effect of radio frequency emissions on the human
environment.[^76]

Purpose

The purpose of the Commission's environmental rules is to implement
NEPA, other federal environmental laws, and Executive Orders, and to
identify those sensitive environmental issues which Commission
licensees, applicants, and certain third parties must address. The
Commission complies with NEPA by requiring its licensees to assess and,
if found, report the potential environmental consequences of their
proposed projects.

If certain actions, such as the construction of a tower, might affect
the environment in one or more of the ways described in the rules, the
licensee or applicant is required to consider the potential
environmental effects of its project, describe those potential effects
in an environmental assessment (EA), and file that document with the
Commission.[^77] The Commission has concluded that actions not
identified in its rules are categorically excluded from environmental
review.[^78] The Commission's environmental rules explain what
information is required in an EA,[^79] the methods for the public to
file objections to EAs,[^80] and those situations in which a full
environmental impact statement must be completed,[^81] as required by
NEPA.

Comments

The Navajo Nation requests that the Commission work with the Bureau of
Indian Affairs ("BIA") to eliminate BIA approval for collocations and
certain other telecommunications projects.[^82] Moreover, the Navajo
Nation also requests that Commission regulations be modified to
facilitate and encourage collocations within existing utility (electric,
water, sewer, telephone) rights-of-way on tribal lands.[^83]

Recommendations

The Part 1, subpart I rules are beyond the scope of the Biennial Review
proceeding. These Commission rules implement NEPA,[^84] as well as other
federal environmental laws and executive orders.[^85] The rules were not
promulgated under the Communications Act of 1934, as amended, and
therefore are not part of the Biennial Review.[^86]

It is worth noting, however, that the Nationwide Programmatic Agreement
For Review of Effects On Historic Properties For Certain Undertakings
Approved By The Federal Communications Commission ("NPA") includes
exemptions and other provisions that are similar to much of what the
Navajo Nation requests. Section I.D. of the NPA permits an Indian tribe,
at its election, to adopt the provisions of the NPA for use on tribal
lands.[^87]

part 1, Subpart Q -- Competitive Bidding Proceedings

Description

Subpart Q implements section 309(j) of the Communications Act of 1934,
as added by the Omnibus Budget Reconciliation Act of 1993[^88] and
amended by the Balanced Budget Act of 1997.[^89] Subpart Q sets forth
rules governing the mechanisms and procedures for competitive bidding to
assign spectrum licenses.

Purpose

The purpose of subpart Q is to establish a uniform set of competitive
bidding rules and procedures for use in licensing of all services that
are subject to licensing by auction. The rules in this subpart: (1)
describe which services are subject to competitive bidding; (2) provide
competitive bidding mechanisms and design options; (3) establish
application, disclosure and certification procedures for short- and
long-form applications; and (4) specify down payment, withdrawal and
default mechanisms.

In addition, subpart Q contains rules by which the Commission determines
eligibility for "designated entity" (*i.e.*, small business) status, and
includes a schedule of bidding credits for which designated entities may
qualify in those auctions in which special provisions are made for
designated entities.[^90] The purpose of these provisions is to
implement section 309(j)(3)(B) of the Act, which states that an
objective of designing and implementing the competitive bidding system
is to "promot\[e\] economic opportunity and competition and ensur\[e\]
that new and innovative technologies are readily accessible to the
American people by avoiding excessive concentration in licenses and
disseminating licenses among a wide variety of applicants, including
small businesses, rural telephone companies, and businesses owned by
members of minority groups and women."[^91]

Analysis

Status of Competition

As noted above, the Part 1, subpart Q rules pertain to procedural
requirements relating to the many wireless radio services regulated
pursuant to other specific rule parts addressed in our rule part
analysis. Accordingly, we do not address here the status of competition
in specific wireless radio services, but instead will address this issue
in the context of rule parts affecting particular services, discussed
*infra.*

Advantages

The subpart Q competitive bidding rules establish procedures for the
efficient licensing of spectrum. Use of auction procedures allows for
substantially faster licensing and lower costs than alternative
licensing methods such as comparative hearings, and is more likely to
result in the award of licenses to those entities that are most likely
to put spectrum to effective and efficient use. Auction rules also
enable the Commission to recover a portion of the value of the spectrum
for the benefit of the public.

Subpart Q is the result of the Commission's consolidation of its auction
rules in the Part 1 rulemaking proceeding, WT Docket No. 97-82. Prior to
the Part 1 proceeding, the Commission implemented service-specific
auction rules for each new auctioned service. Consolidating the auction
rules in Part 1 has resulted in more consistency and predictability in
the auctions process from service to service.

Disadvantages

The auction rules in this subpart impose certain transaction costs on
auction participants (aside from the obligation on the winning bidder to
pay the amount bid). These auction-related costs may be somewhat higher
than the cost of filing a lottery application but significantly less
than the cost of a comparative hearing.[^92] In addition, certain
aspects of the auctions process (*e.g.*, setting of minimum opening bid
amounts, bid increments, and bidding credit levels) still require
service-specific notice and comment prior to each individual auction.

Recent Efforts

In the *Part 1* *Order on Reconsideration of the Fifth Report and
Order,* the Commission modified its rules governing attribution of gross
revenues for purposes of determining designated entity eligibility.
Specifically, the Commission exempted the gross revenues of the
affiliates of a rural telephone cooperative's officers and directors
from attribution to the applicant if certain specified conditions are
met. The Commission also clarified that, in calculating an applicant's
gross revenues under the controlling interest standard, it will not
attribute to the applicant the personal net worth, including personal
income, of its officers and directors. [^93] In the *Second Order* *on
Reconsideration of the Part 1 Fifth Report and Order* [^94], the
Commission revised one element of the exemption from its attribution
rule for officers and directors of rural telephone cooperatives to
permit a rural telephone cooperative applicant (or its controlling
interest) to demonstrate either that it is eligible for tax-exempt
status pursuant to Section 501(c)(12) of the Internal Revenue Code[^95]
or that it adheres to the cooperative principles enumerated in *Puget
Sound Plywood, Inc. v. Commissioner of Internal Revenue Service*
("*Puget Sound*").[^96]

On June 14, 2005, the Commission released a *Declaratory Ruling and
Notice of Proposed Rulemaking* seeking comment on the rules and
procedures needed to comply with the Commercial Spectrum Enhancement Act
(CSEA).[^97] CSEA established a mechanism to use spectrum auction
proceeds to reimburse federal agencies operating in the 1710-1755 MHz
bands and certain other frequency bands for the cost of relocating
operations.[^98] The 1710-1755 MHz band is identified by CSEA as
government transfer spectrum for which auction proceeds must be placed
in a trust fund established to reimburse federal agencies operating on
those frequencies for the cost of relocating to other bands. On January
24, 2006, the Commission released a *Report and Order* adopting
modifications to its competitive bidding rules in light of CSEA.[^99]
Among other things, the Commission modified its reserve price rule to
provide that, for any auction of "eligible frequencies" requiring the
recovery of estimated relocation costs pursuant to CSEA, the Commission
will establish a reserve price(s) pursuant to which the total cash
proceeds shall equal at least 110 percent of the total estimated
relocation costs provided to the Commission pursuant to CSEA.

In a *Second Report and Order,* the Commission modified its rules
regarding eligibility for designated entity benefits for applicants or
licensees that have agreements that constitute "material relationships."
[^100] Specifically, except as grandfathered, the Commission determined
that an applicant or licensee that has agreements pursuant to which, on
a cumulative basis, it may lease (under either spectrum manager or *de
facto* transfer leasing arrangements) or resell (including under
wholesale agreements) more than 50 percent of the spectrum capacity of
any individual license, is considered to have entered into an
"impermissible material relationship." Such impermissible material
relationships will render such entity ineligible for the award of
designated entity benefits in the context of competitive bidding and
will, in secondary markets, result in the imposition of unjust
enrichment obligations on a license-by-license basis.

In addition, an applicant or licensee that has agreements pursuant to
which, on a cumulative basis, it may lease (under either spectrum
manager or *de facto* transfer leasing arrangements) or resell
(including under wholesale agreements) more than 25 percent of the
spectrum capacity of any individual license to any individual entity,
including entities and individuals attributable to that entity, is
considered to have an "attributable material relationship." The
attributable material relationship with that entity will be attributed
to the applicant or licensee for purposes of determining that
applicant's or licensee's eligibility for designated entity benefits in
the context of competitive bidding and will, in secondary market
transactions, be factored into an assessment of whether there are any
unjust enrichment obligations applicable on a license-by-license basis.

The Commission also adopted stricter unjust enrichment rules. By
extending the unjust enrichment period from five to ten years, the
Commission determined that it would increase the chance that the
designated entity will develop to become a competitive service provider
for the benefit of the public. Pursuant to the revised schedule, for the
first five years of the license term, if a designated entity loses its
eligibility for a bidding credit, or seeks to assign or transfer control
of a license or enter into a *de facto* transfer lease with an entity
that would not qualify for the same level of bidding credits, 100
percent of the bidding credit, plus interest, would be owed. For years
six and seven of the license term, 75 percent of the bidding credit,
plus interest, would be owed. For years eight and nine, 50 percent of
the bidding credit, plus interest, would be owed, and for year ten, 25
percent of the bidding credit, plus interest, would be owed.

In addition to revising the unjust enrichment payment schedule, the
*Second Report and Order* imposed a requirement that the Commission must
be reimbursed for the entire bidding credit amount owed, plus interest,
if a designated entity loses its eligibility for a bidding credit for
any reason, including but not limited to, entering into an
"impermissible material relationship" or an "attributable material
relationship," seeking to assign or transfer control of a license, or
entering into a *de facto* transfer lease with an entity that is not
eligible for bidding credits prior to the filing of the notification
informing the Commission that the construction requirements applicable
at the end of the license term have been met.[^101] In light of the
record in this proceeding, including the requests of various parties to
conduct a further inquiry, the Commission also released a *Second
Further Notice of Proposed Rule Making* seeking comment on whether the
Commission should adopt additional restrictions to further safeguard the
benefits reserved for designated entities.[^102]

Since release of the *Second Report and Order*, several parties
submitted filings in this docket addressing various aspects of the
order, including, among other issues, how the Commission has defined
material relationships, whether the Commission should apply the revised
unjust enrichment schedule to licenses issued prior to the release of
its decision, and whether the new rules should apply to the AWS auction.
On June 2, 2006, the Commission released an *Order on Reconsideration of
the* *Second Report and Order* clarifying, on its own motion, certain
aspects of the *Second Report and Order*.[^103] The *Order on
Reconsideration* effectively addressed the merits of many of the
Petitioners' claims, including their claims that the *Second Report and
Order's* provisions relating to the leasing and resale of spectrum and
the revisions to the unjust enrichment rules violated the Administrative
Procedure Act's notice and comment provisions. The Commission also
clarified that the ten-year unjust enrichment schedule applies only to
licenses that are granted after the release of the *Second Report and
Order*. On June 6, 2006, Council Tree and two other parties filed a
Petition for Review in the U.S. Court of Appeals for the Third Circuit
challenging the revised designated entity rules adopted in the *Second
Report and Order*. The Petition for Review is currently pending in the
Third Circuit.

Since the release of the 2004 Biennial Review, the Commission has
concluded a number of spectrum auctions for wireless services. On
February 15, 2005, the Commission completed the auction for 242
broadband Personal Communication Service (PCS) licenses ("Auction No.
58"). In this auction, 24 winning bidders won a total of 217 licenses.
On July 26, 2005, the Commission completed the auction of five Lower 700
MHz band C block (710-716/740-746 MHz) licenses (Auction No. 60), in
which three winning bidders won the five licenses. On December 7, 2005,
the Commission completed the auction of 22 Multichannel Video
Distribution and Data Service ("MVDDS") licenses (Auction No. 63). In
this auction, three winning bidders won a total of 22 licenses. On June
2, 2006, the Commission completed the auction of new nationwide
commercial Air-Ground Radiotelephone Service licenses (Auction No. 65).
In this auction, two winning bidders won a total of two licenses. On
September 18, 2006, the Commission completed an auction of 90 MHz of AWS
spectrum in the 1710-1755 MHz and 2110-2155 MHz bands (Auction No. 66).
In this auction, 104 winning bidders won a total of 1,087 licenses. In
addition, on February 7, 2007, the Commission commenced an auction of 64
1.4 GHz band licenses in the paired 1392-1395 MHz and 1432-1435 MHz
bands, and in the unpaired 1390-1392 MHz band.

**Comments**

No comments were filed with respect to this rule part.

**Recommendation**

The Part 1, subpart Q rules only pertain to general procedural
requirements relating to competitive bidding in various different
wireless services, and not to the substantive rules affecting any
particular service. Accordingly, we do not find that this rule subpart
is "no longer necessary in the public interest as the result of
meaningful economic competition between providers of such
\[telecommunications\] service."

While staff generally determines that the Part 1, subpart Q rules remain
necessary in the public interest, staff continues to recommend, as part
of its Section 11 analysis, that the Commission consider revising
section 1.2111(a) to eliminate the requirement that an applicant seeking
approval for a transfer of control or assignment of a license within
three years of receiving the license through competitive bidding file
transaction documents with the Commission.

In the 2002 Biennial Regulatory Review, staff concluded that the section
1.2111(a) requirement is no longer necessary for a number of reasons.
The Commission adopted section 1.2111(a) at the outset of the auction
program to accumulate the data necessary to evaluate its auction designs
and judge whether winning bids were reflective of the true market value
of the licenses.[^104] However, in the eight years since the rule was
adopted, staff indicated that the Commission had developed extensive
experience with auctions and auction design, so that collection of this
data no longer appeared to be needed to monitor the effectiveness of the
Commission's auction designs. Moreover, staff believed that because the
value of licenses changes with time and circumstances, fluctuations in
secondary market values from the original auction price are not reliable
indicators of whether licenses were sold for their "market value" at
auction. Staff also believed that the rule was over-inclusive because it
required parties engaged in many routine transfers and assignments to
provide documentation that was not needed for the Commission to conduct
its public interest review of those transactions. Finally, staff
concluded that the provision appeared to be unnecessary to the
application of the Commission's designated entity unjust enrichment
provisions. Section 1.2111(a) requires disclosure that focuses on the
monetary or other consideration received for the transfer or assignment
of licenses. However, determining whether unjust enrichment is owed with
respect to bidding credits or installment payments is based on the
eligibility of the transferee or assignee for the bidding credits or
installment payments, which is a question of attribution of gross
revenues based on principles of control rather than on the secondary
market price of the license.

For the reasons discussed in the 2002 Biennial Review Staff Report,
staff also recommended in the 2004 Biennial Regulatory Review Staff
Report revising section 1.2111(a). In addition, since the staff made its
initial recommendation, the Commission has adopted rules governing
secondary market transfers that, with the exception of transfers
involving designated entities, generally do not require that the parties
to the transfer file transaction documents with the Commission. Staff\'s
proposal to revise section 1.2111(a) is therefore consistent with the
Commission\'s recent approach of generally not requiring parties
transferring licenses to file transaction documents with the Commission.

By its recommendation, staff does not intend to propose any limitation
on the Commission's authority under section 308(b) of the Act to require
disclosure of specific transaction information, including contract
documents and the transaction price, in any transfer or assignment
proceeding in which the Commission needs such information to conduct its
public interest review, or to determine eligibility for designated
entity provisions or applicability of unjust enrichment payments.

Part 1, Subpart X -- spectrum leasing

Description

Part 1, Subpart X,[^105] establishes rules to enable spectrum users to
gain access to licensed spectrum by entering into different types of
spectrum leasing arrangements with licensees in most Wireless Radio
Services. Depending on the specific aspects of a particular proposed
spectrum leasing arrangement, these rules permit licensees and spectrum
lessees to enter into the arrangement either through streamlined or
immediate processing procedures (as discussed below).

Purpose

Part 1, Subpart X rules are intended to significantly expand and enhance
secondary markets to permit spectrum to flow more freely among users and
uses in response to economic demand, to the extent consistent with our
public interest objectives, including the Commission's policies that
promote competition. These rules allow more flexible use of spectrum by
licensees and other spectrum users, better define licensees' and
spectrum users' rights and responsibilities, enable use of spectrum
across various dimensions (frequency, space and time), promote the
efficient use of spectrum, and provide for continued technological
advances.

Analysis

Status of Competition

Since the Part 1, Subpart X, spectrum leasing rules became effective in
2004,[^106] spectrum lessees have gained access to spectrum in hundreds
of different spectrum leasing arrangements in a variety of Wireless
Radio Services, including Cellular Service, broadband Personal
Communications Service (PCS), Specialized Mobile Radio (SMR), Broadband
Radio Service (BRS), Educational Broadband Service (BRS), and the 39 GHz
Service. The spectrum leasing rules facilitate competition among
wireless service providers.

Advantages

These spectrum leasing rules are intended for the express purpose of
promoting efficient use of spectrum through the elimination of barriers
to the development of secondary markets. These flexible policies promote
greater reliance on the marketplace to expand the scope of available
wireless services and devices, leading to more efficient and dynamic use
of the important spectrum resource to the ultimate benefit of consumers.
Facilitating these types of secondary market arrangements enhance and
complement our efforts to encourage the development of broadband
services, promote increased facilities-based competition among service
providers, enhance economic opportunities and access for the provision
of communications services by designated entities, and enable
development of additional and innovative services in rural areas.

Disadvantages

The Part 1, Subpart X rules impose some administrative burden on
licensees and spectrum lessees in order to ensure their compliance with
the Commission's rules applicable to spectrum leasing arrangements.

Recent Efforts

In 2003, in the *Secondary Markets Report and Order* in WT Docket No.
00-230, the Commission took action to remove unnecessary regulatory
barriers to the development of secondary markets in spectrum usage
rights, and created Part 1, Subpart X[^107] to permit licensees and
spectrum lessees to enter into spectrum leasing arrangements using
streamlined processing procedures. The rules are designed to ensure that
any such arrangement is consistent with our public interest objectives,
which include ensuring that any such arrangement would not cause
competitive harm.[^108] In 2004, the Commission created Form 603T to
implement these streamlined processing procedures (in the Universal
Licensing System). Later in 2004, the Commission adopted the *Secondary
Markets 2^nd^ Report and Order*, which provided for immediate (i.e.,
overnight) processing of certain qualifying spectrum leasing
arrangements, and also authorized licensees to make spectrum available
to third-party users on a "private commons" basis.[^109] In 2006, the
Commission implemented its overnight processing procedures through
issuance of new Form 608.

Comments

No comments were filed with respect to this rule part.

**Recommendation**

Staff recommends retention of these rules, as they are intended to
foster competition. Accordingly, pursuant to our Section 11 biennial
review, we do not find that this rule subpart is "no longer necessary in
the public interest as the result of meaningful economic competition
between providers of such \[telecommunications\] service." However, we
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

Part 17 -- Construction, Marking, and Lighting of Antenna Structures

Description

Part 17, which implements Section 303(q) of the Communications Act of
1934, as amended,[^110] establishes the procedures by which the
Commission registers and assigns painting and lighting requirements to
those antenna structures that may pose a physical hazard to
aircraft.[^111] The rules require registration, evaluation, and approval
by the Commission, in conjunction with the recommendations of the
Federal Aviation Administration (FAA), of any proposed construction or
modification of an antenna structure that is a potential hazard to
aircraft. The rules also require tower owners to paint and light their
antenna structures as necessary to protect air navigation.

The Antenna Structure Registration procedures set forth in Part 17 are
distinct from the FCC's licensing functions. The registration of an
antenna structure that affects air navigation is a pre-condition to FCC
licensing of radio facilities at a particular site.[^112]

Purpose

Part 17 rules ensure that tower owners do not construct structures that
may pose a hazard to air navigation, and FCC licensees do not site
facilities on such structures until the antenna structures comply with
federal aviation safety requirements.

Analysis

Status of Competition

Because the rules in this Part address air navigation safety issues,
general competitive developments in the services to which these rules
apply do not affect the need for these rules.

Advantages

These rules are limited to those classes of antenna structures that may
reasonably be expected to pose an air safety hazard (generally, antenna
structures that are taller than 200 feet or that are in close proximity
to airports). Antenna structure owners are responsible for compliance
with the rules; thus there is a single point of contact for a particular
antenna structure. This eliminates the need for each party on a
multi-tenant structure to undertake the registration process.

Disadvantages

The Part 17 rules may delay the commencement of service when proposed
facilities must be studied by the FAA and registered by the Commission
prior to construction.

Recent Efforts

None.

Comments

PCIA filed comments requesting that the Commission initiate a rulemaking
proceeding to modernize and enhance the Part 17 Rules. In support of
this request, PCIA attached its Petition for Rulemaking, filed on
September 12, 2006, to modernize and clarify Part 17 of the Commission's
Rules. The Petition seeks five rulemaking changes, listed below:

 

1.  PCIA seeks to amend Section 17.47(b) of the rules, which requires
quarterly inspections of all automatic or mechanical control devices,
indicators, and alarm systems associated with antenna structure lighting
to insure that such apparatus is functioning properly, by exempting
systems using network operations control (NOC)-based monitoring
technology from this requirement. 

 

2.  PCIA seeks to amend Sections 17.4(e)-(f) and 17.6(c) of the rules to
eliminate the requirement that owners provide tenants with paper copies
of FCC Form 854R. Instead, PCIA recommends that the rules should require
antenna structure owners to provide the ASR number or some indication
that the ASR has been changed or updated, and then permittees and
licensees may obtain relevant Form 854R information from the FCC\'s ASR
Online Systems. 

 

3.  PCIA seeks to amend Section 17.4(g) of the rules, which provides
that the "Antenna Structure Registration Number must be displayed in a
conspicuous place so that it is readily visible near the base of the
antenna structure."  PCIA would instead clarify the rule to expressly
permit posting at the compound fence or gate, on the basis that it is
necessary to assure consistent application of the rule to resolve
tension between the "readily visible" and "near the base" requirements. 

 

4.  PCIA seeks amendment of Section 17.23 of the rules to update a
reference to an FAA Circular that has since been revised and
superseded.  In taking this step to incorporate revised AC 70/7460-IK,
effective August 1, 2000, PCIA also seeks to amend the rule to clarify
that the lighting and marking specifications assigned to the structure
by the FCC upon registration do not change unless the FAA recommends new
specifications for the particular structure (i.e., they do not change
with new FAA circulars or interpretations).  Further, PCIA would specify
that any new FAA specifications for the particular structure must be
based on changes in height, coordinates, or prior error in data.

 

5\. PCIA seeks amendment of Section 17.57 to change from 24 hours to 5
days the time in which the antenna structure owner must notify the FCC
of completion of construction and/or dismantlement.  For purposes of
internal consistency, PCIA also recommends changing the period for
notifying the FCC of changes in height or ownership from "immediately"
to 5 days.

PCIA's Petition for Rulemaking has been placed on Public Notice to allow
interested persons to file statements opposing or supporting it.[^113]

Recommendation

Part 17 rules pertain to air navigation safety issues. As such,
competitive developments have not affected the need for this rule part.
Accordingly, we do not find that this rule part is "no longer necessary
in the public interest as the result of meaningful economic competition
between providers of such \[telecommunications\] service."

While staff generally concludes that Part 17 rules remain necessary in
the public interest, it nonetheless also concludes that certain
modifications may be in the public interest for reasons other than those
related to competitive developments that fall within the scope of
Section 11 review. Staff recommends that the Commission initiate a
proceeding in part to consider the specific recommendations of PCIA with
respect to Part 17. Such a proceeding would examine the Part 17 rules to
modify or eliminate, without compromising public safety goals, any rules
which create unnecessary administrative burdens or are apt to confuse
owners and licensees who attempt to comply with our Part 17 rules.

Part 20 -- Section 20.6 − CMRS Spectrum Aggregation Limit

Description

Section 20.6[^114] limited the amount of broadband PCS, cellular, and
commercial SMR spectrum that any entity could control or influence in a
significant way in a common geographic area. The rule (commonly known as
the "spectrum cap") further defined the types of ownership and other
interests that were attributable under the cap.

On December 18, 2001, the Commission adopted a *Report and Order* that
eliminated the spectrum cap effective January 1, 2003.[^115] The
Commission decided that it should move from the use of an inflexible
spectrum aggregation limit to case-by-case review of spectrum
aggregation involved in the acquisition of spectrum used for mobile
telephony.[^116] The Commission determined, however, that a sunset
period was necessary in order to prepare for case-by-case review.[^117]
The sunset period was codified in Section 20.6(f) of the rules.[^118]
The Commission raised the spectrum cap to 55 MHz in all areas for the
duration of the rule's existence to address carriers' concerns about
near-term spectrum capacity constraints in the most constrained urban
areas.[^119]

Comments

No comments were filed with respect to this rule.

Analysis and Recommendation

Because this rule has sunset, no further review of the rule is necessary
as part of this Biennial Review. Staff recommends that this rule be
removed from the Code of Federal Regulations.

PART 20, SECTION 20.9 -- Commercial Mobile Radio Service

**Description**

Section 20.9[^120] sets forth certain mobile services that may be
treated as common carriage services and regulated as commercial mobile
radio services (CMRS) pursuant to Section 332 of the Communications
Act.[^121] The section also states that a mobile service that does not
meet the definition of CMRS is presumed to be a private mobile radio
service (PMRS). In addition, the section states: 1) how licensees or
applicants in certain services can overcome the presumption that their
services are CMRS; and 2) how non-CMRS licensees or applicants can
overcome their regulatory treatment as PMRS.

**Purpose**

The purpose of section 20.9 is to ensure that parties know which mobile
services are regulated as either CMRS or PMRS.  The section also
provides guidance on how the regulatory presumption of CMRS or PMRS can
be overcome.

Analysis

Status of Competition

As detailed in the *Eleventh CMRS Competition Report*, CMRS providers
operate in an environment that is marked by increased competition,
innovation, lower prices for consumers, and increased diversity of
service offerings.[^122] Mobile telephony operators experienced strong
growth and competitive development and continued to build out their
footprints, deploy their networks in an increasing number of markets,
expand their digital networks, and develop innovative pricing plans.
Competition within the mobile data industry is developing successfully,
as evidenced by the multitude of dynamic services, service packages, and
pricing plans.

Advantages

Section 20.9 sets forth how mobile services will be treated as either
CMRS or PMRS and provides guidance with respect to how that regulatory
presumption can be overcome.

Disadvantages

Overcoming the CMRS presumptions requires the submission of regulatory
filings to the Commission. These filings must be reviewed and approved
by the Commission.

**Comments**

No comments were filed with respect to this rule.

**Recommendation**

Pursuant to our Section 11 biennial review, staff does not find that
this rule is "no longer necessary in the public interest as the result
of meaningful economic competition between providers of such
\[telecommunications\] service." While the staff does not recommend
modification or repeal of the rule at this time, it will continue to be
receptive to further careful examination of this rule in the future.

part 20, section 20.11 − Interconnection to facilities of local exchange
carriers

Description

Section 20.11 codifies section 332(c)(1)(B) of the Act,[^123] which was
enacted by Congress as part of the Omnibus Budget Reconciliation Act of
1993.[^124] Section 20.11[^125] provides that local exchange carriers
(LECs) must provide reasonable interconnection to commercial mobile
radio service (CMRS) providers on request, and that LECs and CMRS
providers must each reasonably compensate the other for terminating
traffic that originates on their respective facilities. Recent
amendments further provide that LECs may not impose compensation
obligations on CMRS providers for non-access traffic pursuant to
tariffs, and that an incumbent LEC may request interconnection with a
CMRS provider and invoke the negotiation and arbitration procedures of
section 252 of the Act to reach an agreement.

In the Telecommunications Act of 1996, Congress added sections 251 and
252 to the Act. These statutory provisions establish interconnection
rights among all telecommunications carriers, and set forth terms and
conditions under which interconnection must be provided by one carrier
to another.[^126] While enacting sections 251 and 252, Congress also
left section 332(c)(1)(B) of the Act intact. In the 1996 *First Local
Competition Order*, the Commission codified new interconnection rules in
Part 51 as part of its implementation of sections 251 and 252.[^127] The
Commission also concluded that, in light of Congress' retention of
section 332(c)(1)(B), the Commission retained separate authority over
LEC-CMRS interconnection pursuant to that section.[^128] Because the
Commission viewed sections 251, 252, and 332 of the Act as furthering a
common goal with respect to interconnection, the Commission declined at
that point to act further on or define the scope of its section 332
interconnection authority, but instead amended section 20.11 to require
that LECs and CMRS providers comply with the interconnection rules in
Part 51.[^129]

Section 20.11 is organized into five lettered sub-parts. Subsection (a)
requires LECs to provide the type of interconnection requested by mobile
radio service providers, within reason. Subsection (b) requires LECs and
CMRS providers to compensate each other reasonably for terminating
traffic that originates on each other's facilities. Subsection (c)
requires LECs and CMRS providers to comply with the Part 51
interconnection rules. Subsection (d) prohibits LECs from imposing
compensation obligations pursuant to tariff. Subsection (e) authorizes
incumbent LECs to request and obtain an interconnection agreement
through negotiation and arbitration.

Purpose

The purpose of the LEC-CMRS interconnection rule is to promote
competition in the telecommunications market by ensuring that all LECs
and CMRS providers provide reasonable interconnection to one another
subject to reasonable rates, terms, and conditions. The rule regulates
the conduct of LECs with market power in their interconnection
relationships with CMRS providers. Historically, some LECs denied or
restricted interconnection options available to CMRS providers, or
required CMRS providers to compensate the LEC for LEC-originated traffic
that terminated on the CMRS provider's network. Congress enacted section
332(c)(1)(B), and the Commission adopted section 20.11 codifying this
provision, in order to curtail such practices.

Analysis

Status of Competition

In the *Eleventh CMRS Competition Report*, the Commission noted that
wireless substitution has grown significantly in recent years. It cited
a 2005 National Health Interview Survey that found that 7.8 percent of
adults lived in households with only wireless phones in the second half
of 2005, up from 5.5 percent in the second half of 2004, and 3.5 percent
in the second half of 2003.[^130] The Commission also noted that, even
when not "cutting the cord" completely, consumers increasingly are
choosing wireless service over traditional wireline service,
particularly for certain uses.[^131]

Advantages

Section 20.11 sets forth basic requirements for reasonable and
nondiscriminatory interconnection arrangements between LECs and CMRS
providers, but does not impose detailed standards or technical
requirements. It reduces the potential for anti-competitive behavior,
while affording carriers reasonable flexibility with respect to the
terms and conditions of interconnection so long as the basic
requirements of the rule are adhered to. Recent amendments ensure that
any compensation obligations are imposed pursuant to an agreement
between the parties.

Disadvantages

Section 20.11 imposes certain transaction costs on carriers to ensure
that their interconnection arrangements comply with the rule, and may
lead to disputes and litigation between carriers about what constitutes
"reasonable" interconnection under the rule. In addition, the overlap
between this rule and the Part 51 interconnection rules may cause some
duplication of regulatory requirements. Recent amendments requiring
compensation solely pursuant to agreement rather than tariff may
increase a LEC's transaction costs of obtaining compensation.

Recent Efforts

The Commission has continued its examination of how to reform the
current system of intercarrier compensation and interconnection, which
began with the release of a Notice of Proposed Rulemaking in 2001.[^132]
The purpose of the rulemaking is to examine the existing patchwork of
interconnection rules and to seek an approach that minimizes the need
for regulatory intervention. In response to the *Intercarrier
Compensation NPRM*, several groups developed comprehensive plans, which
the Commission put out for comment in the *Intercarrier Compensation
FNPRM* in 2005.[^133] In 2006, a newly negotiated industry proposal
called the Missoula Plan was also put out for comment.[^134]

On February 24, 2005, the Commission released a decision addressing a
petition filed by CMRS petitioners that sought a declaratory ruling that
the Commission "reaffirm that wireless termination tariffs are not a
proper mechanism for establishing reciprocal compensation arrangements"
between LECs and CMRS providers.[^135] The Commission denied the
petition, but amended rule 20.11 to prohibit LECs from imposing
compensation obligations on CMRS providers by tariff in the future "in
order to make clear \[its\] preference for contractual arrangements for
non-access CMRS traffic."[^136] To ensure that incumbent LECs could
obtain compensation in the absence of tariffs, the Commission also
authorized incumbent LECs to request interconnection with CMRS providers
and obtain an agreement through section 252 negotiation and arbitration
procedures. It also established interim compensation terms that would
apply to traffic during the negotiation and arbitration process.

Comments

No comments were filed with respect to this rule.

Recommendation

Staff notes that issues relevant to this Biennial Review concerning
section 20.11 are within the scope of the pending *Intercarrier
Compensation* rulemaking proceeding (CC Docket No. 01-92). We recommend
that the Commission determine in that proceeding whether section 20.11
is necessary in the public interest and, if it is not, to repeal or
modify the rule so that it is in the public interest.

part 20, Section 20.12 − Resale

Description

Section 20.12(b)[^137] provides that any carrier of Broadband PCS
(except those C, D, E, and F block PCS licensees that do not own and
control and are not owned and controlled by firms also holding cellular,
A or B block licenses), Cellular Radio Telephone Service, or Specialized
Mobile Radio (SMR) Services that offers real-time, two-way
interconnected voice service with switching capability ("covered CMRS
provider") must permit resale of its services.

The resale provision sunset on November 24, 2002.[^138]

Comments

No comments were filed with respect to this rule.

Analysis and Recommendation

Because this rule (paragraph (b) of Section 20.12) is no longer in
effect, no review is required as part of this Biennial Review. Staff
recommends that paragraph (b) of this Section (and the last sentence of
paragraph (a) defining the scope of paragraph (b)) be removed from the
Code of Federal Regulations.

part 20, Section 20.12 − Roaming

Description

Roaming occurs when the subscriber of one CMRS provider utilizes the
facilities of another CMRS provider with which the subscriber has no
direct, pre-existing service or financial relationship to place an
outgoing call, to receive an incoming call, or to continue an
in-progress call. Roaming can be done "manually," in which a subscriber
establishes a relationship with the host carrier usually by providing a
credit card number, or "automatically," in which the subscriber does
nothing more than turn on her telephone. Automatic roaming requires a
pre-existing contractual agreement between the host and home carriers.

Section 20.12(c)[^139] provides that any "covered CMRS" carrier must
provide mobile radio service upon request to any subscriber in good
standing, including roamers, while the subscriber is within any portion
of the licensee's licensed service area, assuming that the subscriber is
using technically compatible mobile equipment. The rule only mandates
that carriers offer manual roaming, and does not require provision of
automatic roaming. The manual roaming rule was adopted in 1996.[^140]

Purpose

The purposes of the manual roaming provision are to ensure seamless
service to wireless customers who roam out of their home service areas,
and to prevent carriers from restricting competition and consumer choice
through refusal to provide service to roamers.

Analysis

Status of Competition

Market forces are working to make roaming services, in particular
automatic roaming, widely available and increasingly less expensive.
Competition in the provision of roaming services has become increasingly
competitive over time.[^141] All the major nationwide carriers as well
as many regional and small carriers offer nationwide or nearly
nationwide plans and wide-area, single-rate calling plans that include
roaming service to their subscribers at no additional charge. Buildout
is widespread and continuously expanding. Most cellular carriers have
reached automatic roaming agreements among themselves, even though
section 20.12 only mandates manual roaming. However, some regional and
rural carriers have alleged that they have been unable to enter into
roaming agreements with competing nationwide carriers with terms and
conditions that they consider to be reasonable. Consumers' ability to
roam may also be limited because they can only roam on networks that use
the same technical standard (CDMA, TDMA, GSM, iDEN) as the home carrier.

Advantages

The manual roaming rule provides a clear standard and is minimally
intrusive because it does not require CMRS carriers to reconfigure their
systems to support technically incompatible roaming.

Disadvantages

For carriers, manual roaming obligations impose some administrative and
technical burdens associated with caller verification, billing, and
similar issues. For consumers, manual roaming often results in higher
fees than automatic roaming and has become an option of last resort due
to its cumbersome registration process and difficulty of use.

Recent Efforts

The Commission adopted its manual roaming rule in 1996, and at that time
the Commission also issued a *Third Notice of Proposed Rulemaking* in CC
Docket 94-54 asking: (1) whether to sunset the manual roaming rule; and
(2) whether to mandate automatic roaming for any carriers.[^142] On
August 28, 2000, the Commission released a *Third Report and Order and
Memorandum Opinion and Order on Reconsideration*, in which it affirmed
the existing manual roaming rule, with some modification and
clarification.[^143] On October 4, 2000, the Commission initiated a new
rulemaking proceeding in WT Docket 00-193 to consider the impact of
technological advances and the rapid expansion of the CMRS market since
the *1996 Roaming Order* on issues relating to both automatic and manual
roaming.[^144] In August 2005, the Commission issued a *Memorandum
Opinion and Order* that terminated the previous consideration of roaming
issues in WT Docket No. 00-193, on the basis that the comments filed and
the matters at issue therein were stale due to the passage of time and
other regulatory and industry changes that had occurred since the
commencement of that proceeding. In a related *Notice of Proposed
Rulemaking* in WT Docket No. 05-265, the Commission initiated a new
proceeding to examine CMRS roaming in a manner that takes into account
current technological and market conditions.[^145] Specifically, the
Commission requested comment on, among other things, whether it should
adopt an automatic roaming provision for any CMRS system and whether it
should retain, eliminate, or sunset the existing manual roaming
requirement.[^146] This proceeding remains pending.

Comments

Navajo Nation filed comments stating that roaming should be universally
mandated for services provided via a federally-subsidized telecom
project, and there should be no charge for roaming services to customers
utilizing services from these projects. In Indian reservation lands, the
Navajo Nation asserts that mandatory roaming would result in choices and
competitive prices for the consumers.

Recommendation

Staff notes that issues relevant to this Biennial Review concerning
section 20.12 are within the scope of the pending *Roaming NPRM*.[^147]
We recommend that the Commission determine in that proceeding whether
section 20.12 is necessary in the public interest and, if it is not, to
repeal or modify the rule so that it is in the public interest.
Additionally, we believe the recommendations of the Navajo Nation,
because they seek new rules, are outside the scope of the Section 11
review. However, we will incorporate the Navajo Nation's comments into
the record of the pending *Roaming NPRM*.

PART 20, SECTION 20.15 -- REQUIREMENTS UNDER TITLE II OF THE
COMMUNICATIONS ACT

**Description**

Section 20.15 sets forth requirements under Title II of the
Communications Act that are applicable to commercial mobile radio
service (CMRS) providers. The rule also stipulates the requirements
under Title II that do not apply to CMRS carriers. The rule states that
CMRS providers are not required to file copies of contracts entered into
with other carriers or comply with other reporting requirements, except
that CMRS providers that offer broadband service or mobile telephony are
required to file reports pursuant to sections 1.7000 and 43.11 of the
Commission's Rules (regarding the Commission's Form 477 local
competition and broadband data gathering program).

On November 9, 2004, the Commission adopted an order that changed the
rules regarding the local competition and broadband data gathering
program. It determined that the Form 477 data gathering program would be
extended for five years beyond the formerly designated March 2005 sunset
date. The Commission also decided to eliminate reporting thresholds and
adopt various modifications to Form 477.

**Purpose**

The purpose of the Form 477 data gathering program is to allow the
Commission to monitor local telephone competition and broadband
deployment.

Analysis

Status of Competition

Because the purpose of the Form 477 data gathering program is to help
the Commission monitor the status of local competition and broadband
deployment, general competitive developments in the services to which
the rule applies do not affect the need for this rule.

Advantages

The information collected in the Form 477 program helps the Commission
and the public understand the extent of local telephone competition and
broadband deployment, which is important to the nation's economic,
educational, and social well-being. The improvements adopted in the
Commission's order were necessary to ensure that the Commission may
continue to effectively evaluate broadband and local competition
developments.

Disadvantages

The Form 477 data gathering program imposes reporting, record-keeping,
and other compliance requirements on CMRS carriers that provide
broadband service or mobile telephony.

**Comments**

No comments were filed with respect to this rule.

Recommendation

As noted above, the purpose of the Form 477 data gathering program is to
allow the Commission to monitor local telephone competition and
broadband deployment. Collecting this information improves the
Commission's ability to develop, evaluate, and revise policy in these
rapidly changing areas. Accordingly, pursuant to our Section 11 biennial
review, we do not find that this rule is "no longer necessary in the
public interest as the result of meaningful economic competition between
providers of such \[telecommunications\] service." The staff therefore
recommends that neither modification nor repeal of these rules is
warranted. However, it will continue to be receptive to further careful
examination of these rules for potential repeal or modification in the
future.

**PART 20, SECTION 20.18 -- 911 SERVICE**

**Description**

Section 20.18 requires cellular carriers (as delineated in subpart (a)
of the rule) to comply with requirements set by the Commission for the
implementation of basic and Enhanced 911 services (E911).[^148] As part
of basic 911 service, carriers are required to deliver all 911 calls
they receive to local Public Safety Answering Points (PSAPs), including
for customers using Text Telephone (TTY) devices.

The rule provides for implementation of E911 in two phases.  Under Phase
I, carriers must provide 911 dispatchers with a callback number and the
location of the cell site that received the call.  In Phase II, carriers
must provide Automatic Location Identification (ALI) capability, subject
to specified accuracy and reliability standards, so that the 911
caller's location can be more accurately determined. 

Implementation of Phase I was scheduled to begin on April 1, 1998, or
within six months of a request by a (PSAP), whichever was later.  The
Phase II rules took effect on October 1, 2001.  Under Phase II, carriers
who employ network-based solutions must provide ALI service to at least
50 percent of their coverage area or population within six months of a
PSAP request and to 100 percent within 18 months.  Carriers employing
handset-based technologies must begin deploying ALI-capable handsets by
October 1, 2001 and complete deployment (to at least 95 percent of their
customers) by December 31, 2005; the carriers must also begin delivering
location information to PSAPs within six months of a request.   

**Purpose**

The purpose of section 20.18 is to enhance public safety and facilitate
effective and efficient law enforcement.  Almost all PSAPs have the
technology to automatically identify the location and number of wireline
911 calls. Prior to the adoption of section 20.18, however, a dispatcher
receiving a wireless 911 call could only obtain information regarding
the caller's location and callback number if the caller was able to
provide it. Section 20.18 attempts to provide the same reliable and
ubiquitous information for both wireless and wireline 911 calls.

Analysis

> **Status of Competition**

Because the purpose of section 20.18 is to enhance public safety and
facilitate effective and efficient law enforcement, general competitive
developments in the services to which the rule applies do not affect the
need for this rule.  

> **Advantages**

The E911 rule sets national standards and deadlines to ensure that all
cellular carriers throughout the United States will provide E911
services in a timely manner.  At the same time, the rule is
technologically and competitively neutral because it allows carriers and
equipment manufacturers to determine the best method to implement E911
capability.  Allowing manufacturers and carriers to adopt the technology
of their choice encourages the parties to arrive at a solution that is
both effective and cost-efficient.  This location technology can also be
used for commercial features and services.   

> **Disadvantages**

The E911 rule imposes administrative, technical, and economic costs on
carriers who must deploy location technology and transmission capability
to comply with the rule. 

> **Recent Efforts**

The Commission continues to promote the deployment of wireless E911
service as rapidly and universally as possible, and to address
implementation problems as they arise. 

The Commission has recognized that requests for waiver of E911
requirements may be justified, but only if appropriately limited,
properly supported, and consistent with established waiver standards. In
an Order adopted March 22, 2005 and released April 1, 2005, the
Commission comprehensively examined and addressed forty requests for
relief from the E911 Phase II requirements filed by Tier III wireless
carriers.[^149]

Pursuant to the Ensuring Needed Help Arrives Near Callers Employing
(ENHANCE) 911 Act of 2004, enacted December 23, 2004,[^150] the
Commission submitted a report to Congress on the deployment of Phase II
E911 services by Tier III carriers (submitted March 23, 2005, amended
April 1, 2005).

Under the ENHANCE 911 Act, the Commission must act within 100 days on
petitions filed by Tier III carriers requesting a waiver of the December
31, 2005 95% handset penetration requirement (contained in Section
20.18(g)(1)(v)), and grant such a waiver if "strict enforcement ...
would result in consumers having decreased access to emergency
services." The standard established under the ENHANCE 911 Act is
distinct from the Commission's rules and established precedent regarding
waivers of the E911 requirements. Beginning in late 2004, a number of
Tier III carriers have filed for relief under the standard for waiver of
the December 31, 2005 95% handset penetration requirement established
under the ENHANCE 911 Act. Based on the particular circumstances
presented, the Commission has acted within the 100-day statutory
deadline to grant relief to the extent that the carriers have met the
statutory standard.

 

**Comments**

No comments were filed with respect to this rule.

 

**Recommendation**

As stated above, the purpose of section 20.18 is to enhance public
safety and facilitate effective and efficient law enforcement. 
Accordingly, pursuant to our Section 11 biennial review, we do not find
that this rule is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted.

part 20, Section 20.19 -- Hearing Aid Compatible Mobile Handsets

**Description**

Section 20.19 requires CMRS providers and manufacturers of wireless
phones to comply with guidelines established by the Commission for the
implementation of the Hearing Aid Compatibility Act.[^151] The
Commission requires compliance by all such providers and manufacturers
to ensure that individuals with hearing disabilities receive the
benefits of wireless telecommunications -- including emergency,
business, and social communications -- thereby increasing the value of
the wireless network for all Americans.

The rules state that a wireless phone is hearing aid compatible if it
meets certain performance levels set forth in a technical standard
established by the American National Standards Institute (ANSI). For
radio frequency (RF) interference, the rules require certain digital
wireless phone models to provide reduced RF interference (*i.e.,* meet a
"U3" rating under the ANSI standard), and require certain digital
wireless phone models to provide telecoil coupling capability (*i.e.*
meet a "U3T" rating under the ANSI standard).

To ensure a smooth transition, the Commission adopted a phased approach
for manufacturers and carriers to comply with the requirements for the
wireless handsets. First, manufacturers and CMRS providers were required
to offer at least two handset models meeting a U3 rating for each air
interface offered by September 16, 2005. Second, they must ensure that
50% of their handset offerings for each air interface offered meet a U3
rating by February 18, 2008. Third, each manufacturer and CMRS provider
was required to offer at least two handset models for each air interface
that complies with the Commission's inductive coupling rules by
September 18, 2006. Tier I wireless carriers were additionally required,
by September 16, 2006, to make available to consumers, per air
interface, five U3-rated handsets, or twenty-five percent of the total
number of handsets they offer nationwide.

The Commission also adopted rules governing labeling and in-store
consumer testing of digital wireless handsets. The rules require
packages containing compliant handsets be clearly labeled, and that
detailed information be included in the package or product manual.
Carriers must provide a means for consumers to test hearing
aid-compatible handset models in their owned and operated retail stores.

To accommodate small business concerns, the Commission adopted a *de
minimis* exception that exempts, from the Hearing Aid Compatibility
requirements, manufacturers or service providers that offer two or fewer
digital wireless handset models for any air interface in the U.S.

This rule section provides that states that adopt Section 20.19 of the
Commission's Rules may enforce the rule. Accordingly, the Commission
requires State personnel to attempt to resolve a complaint within thirty
days of the filing of a complaint. In instances where a state does not
adopt this rule section or fails to act within six months from the
filing of a complaint, the Commission will accept complaints.

Purpose

The purpose of section 20.19 is to facilitate access to
telecommunications services for individuals with hearing disabilities,
thereby ensuring that individuals with hearing disabilities have access
to the same public safety, social, professional, and convenience
benefits offered by wireless telecommunications to all Americans.

Analysis

Status of Competition

Because the purpose of section 20.19 is to facilitate access to
telecommunications services for individuals with hearing disabilities by
providing guidance to manufacturers, service providers, consumers and
other members of the telecommunications industry regarding Hearing Aid
Compatibility implementation requirements, general competitive
developments in the services to which the rule applies do not affect the
need for this rule.

Advantages

Section 20.19 establishes hearing aid compatibility rules and
implementation requirements to ensure the universal availability of
hearing aid compatible handsets within an established time-frame.

Disadvantages

Section 20.19 imposes administrative, technical, and economic costs on
manufacturers and service providers who must take the necessary steps to
comply with the Commission's rules.

Recent Efforts

In order to permit digital wireless telecommunications access to every
American, the Commission is actively participating in an on-going
dialogue with others in the telecommunications industry to achieve this
goal. The Commission has been working with such groups as ATIS, CTIA,
and FDA. The Commission's Disability Rights Office and the Consumer
Affairs and Outreach Division of the Consumer and Governmental Affairs
Bureau have been actively involved in outreach efforts to ensure that
consumers are informed of the steps the Commission takes in this area.

The Commission recently reconsidered certain aspects of its hearing
aid-compatibility rules, modifying obligations of Tier I and TDMA
carriers, and clarifying the scope of the *de minimis* exemption and the
requirement to make handsets available to customers for in-store
testing. *See* Section 68.4(a) of the Commission's Rules Governing
Hearing Aid-Compatible Telephones, WT Docket No. 01-309, *Order on
Reconsideration and Further Notice of Proposed Rulemaking*, 20 FCC Rcd
11221 (2005). The Commission also granted a partial waiver of hearing
aid-compatibility rules to GSM carriers offering dual-band handsets that
operate in the 850 MHz and 1900 MHz bands. *See* Section 68.4(a) of the
Commission's Rules Governing Hearing Aid-Compatible Telephones, WT
Docket No. 01-309, *Memorandum Opinion and Order*, 20 FCC Rcd 15108
(2005). Currently, the Commission is reviewing comments in response to
Commission's *Order on Reconsideration and Further Notice of Proposed
Rulemaking* in which it sought comment on whether to extend the live,
in-store consumer testing requirement to retail outlets that are not
directly owned or operated by wireless carriers or service providers;
and whether to narrow the *de minimis* exception so as to exempt from
the hearing aid compatibility requirements wireless carriers, service
providers and handset manufacturers that offer one digital wireless
handset model per air interface, as well as other potential ways to
narrow the *de minimis* exception. *See* Section 68.4(a) of the
Commission's Rules Governing Hearing Aid-Compatible Telephones, WT
Docket No. 01-309, *Order on Reconsideration and Further Notice of
Proposed Rulemaking*, 20 FCC Rcd 11221 (2005).

The Commission required digital wireless carriers and handset
manufacturers to report semi-annually on compliance efforts made during
the first three years, then annually thereafter through the fifth year
of implementation. Among other information, reports must provide: the
number of compliant and non-compliant wireless phone models; the phones
tested and test results; the lab used; the status of product labeling;
outreach efforts; the retail availability of compliant phones; and
ongoing efforts. The Commission reviews the semi-annual reports as they
are filed by the carriers and manufacturers. The most recent reports
were filed on November 17, 2006.

On November 8, 2006, the Bureau released a Public Notice seeking comment
on: (1) the impact of the Commission's rules in achieving greater
compatibility between hearing aids and digital wireless phones; (2) the
development of new technologies that could provide greater or more
efficient accessibility of wireless telecommunications to hearing aid
users; and (3) the impact of the Commission's compatibility requirements
on cochlear implant and middle ear implant users and their ability to
use digital wireless phones. *See* Public Notice, Wireless
Telecommunications Bureau Seeks Comment on Topics to be Addressed in
Hearing Aid Compatibility Report, WT Docket No. 06-203, DA 06-2285 (WTB
rel. Nov. 8, 2006). Comments were due on January 12, 2007, and reply
comments were due on January 31, 2007. Based on these comments and on
the carriers' and manufacturers' semi-annual reports, Commission staff
will prepare a report that will form the basis for the Commission to
initiate a proceeding to evaluate: (1) whether to increase or decrease
the 2008 requirement to provide 50 percent of phone models that comply
with a U3 rating; (2) whether to adopt hearing aid compatibility
implementation benchmarks beyond 2008; and (3) whether to otherwise
modify the hearing aid compatibility requirements.

**Comments**

No comments were filed with respect to this rule.

Recommendation

As stated above, the purpose of section 20.19 is to facilitate access to
telecommunications services for individuals with hearing disabilities by
providing guidance to manufacturers, service providers, consumers and
other members of the telecommunications industry regarding Hearing Aid
Compatibility implementation requirements. As such, the need for and
purposes for this section are not affected by competitive developments
that guide our Section 11 analysis. We accordingly do not find that the
rule is "no longer necessary in the public interest as the result of
meaningful economic competition between providers of such
\[telecommunications\] service."

part 20, Section 20.20 − CONDITIONS APPLICABLE TO PROVISION OF CMRS
SERVICE BY INCUMBENT LOCAL EXCHANGE CARRIERS

Description

Section 20.20[^152] required incumbent LECs (ILECs) providing in-region
broadband CMRS to provide such services through a separate affiliate.
The rule imposed restrictions on the separate affiliate, including: (1)
maintaining separate books of account; (2) not jointly owning
transmission or switching facilities with the affiliated ILEC that the
ILEC uses for the provision of local exchange services in the same
market; and (3) acquiring any services from the affiliated ILEC on a
compensatory arm's length basis pursuant to our affiliate transaction
rules.[^153]

This separate affiliation rule sunset on January 1, 2002.

Comments

No comments were filed with respect to this rule.

Analysis and Recommendation

Because this rule is no longer in effect, no review is required as part
of this Biennial Review. Staff recommends that this rule be removed from
the Code of Federal Regulations.

Part 22 -- Public Mobile Services

Description

Part 22[^154] contains licensing, technical, and operational rules for
five CMRS services collectively referred to as Public Mobile Services.
These services are the Paging and Radiotelephone Service, the Cellular
Radiotelephone Service, the Rural Radiotelephone Service, the Air-Ground
Radiotelephone Service, and the Offshore Radiotelephone Service. In
general, the rules in this part: (1) list the frequency bands allocated
to each service; (2) establish technical channel assignment criteria;
(3) set forth service provision and other operating requirements; and
(4) provide technical limits that facilitate efficient spectrum use and
reduce the likelihood of interference.

Part 22 comprises 10 subparts:

Subpart A - Scope and Authority

Subpart B - Licensing Requirements and Procedures

Subpart C - Operational and Technical Requirements

Subpart D - Developmental Authorizations

Subpart E - Paging and Radiotelephone Service

Subpart F - Rural Radiotelephone Service

Subpart G - Air-Ground Radiotelephone Service

Subpart H - Cellular Radiotelephone Service

Subpart I - Offshore Radiotelephone Service

Subpart J - Required New Capabilities Pursuant to the Communications
Assistance for Law Enforcement Act (CALEA)

Subparts A, B, and C apply generally to all Part 22 licensees. Subpart D
provides for the licensing on a developmental basis of stations that are
to be used for testing new technologies or services. Each of the next
five subparts (subparts E through I) contains rules applicable to one of
the five specific Part 22 services. Finally, subpart J implements the
provisions of the Communications Assistance for Law Enforcement Act
(CALEA) as they apply to Part 22 services.

Purpose

Part 22 of the Commission's rules comprises a minimal regulatory
framework that facilitates the rapid, efficient provision of commercial
wireless telecommunications services to the general public at reasonable
rates by: (1) utilizing a competitive bidding process to issue initial
geographic area based licenses where there are mutually exclusive
applications; (2) encouraging competition among service providers once
licensed; (3) ensuring that available spectrum allocations are used
efficiently; and (4) reducing the likelihood of harmful interference
between licensed stations.

Analysis

Status of Competition

As detailed in the *Eleventh CMRS Competition Report*, CMRS providers,
including those licensed under Part 22, operate in an environment that
is marked by increased competition, innovation, lower prices for
consumers, and increased diversity of service offerings.[^155] Mobile
telephony operators experienced strong growth and competitive
development and continued to build out their footprints, deploy their
networks in an increasing number of markets, expand their digital
networks, and develop innovative pricing plans. Competition within the
mobile data industry is developing successfully, as evidenced by the
multitude of dynamic services, service packages, and pricing plans.

Advantages

Overall, the Part 22 rules provide an efficient structure for the
assignment of frequency bands and channels to commercial wireless mobile
and fixed stations. In Part 22, provision for accepting competing
mutually exclusive applications and selecting the licensee by means of
competitive bidding generally results in licenses being issued to the
entities that value them the most. Geographic area licensing minimizes
the amount of paperwork involved in obtaining a license and thus speeds
the authorization of new competitive services to the public. Minimal and
flexible technical standards facilitate the introduction of new
technologies.

Disadvantages

The Part 22 rules impose administrative burdens inherent to the
licensing process and necessary for compliance with technical and
operational rules. The use of very flexible technical standards in most
Part 22 services places the burden of interference avoidance and
technical coordination on the licensees in the first instance.

Recent Efforts

On July 8, 2004, the Commission adopted the *Rural R&O and FNPRM*.[^156]
In that Order, the Commission affirmed its conclusion that
market-oriented policies, in tandem with capital investment by
licensees, have led to the growth of valuable, productivity-enhancing
wireless services to the vast majority of Americans, including many who
reside, work, or travel in rural areas. The Commission determined,
however, that additional steps are still needed to promote greater
deployment of wireless services in rural areas, such as eliminating
disincentives to serve or invest in rural areas, and helping to reduce
the costs of market entry, network deployment and continuing operations.
Therefore, the Commission adopted several measures designed to increase
carrier flexibility, reduce regulatory costs of providing service to
rural areas, and promote access to both spectrum and capital resources
for entities seeking to provide or improve wireless services in rural
areas. In addition, the Commission eliminated the cellular cross
interest rule (22.942) in Rural Service Areas, which substantially
limited the ability of parties to have interests in cellular carriers on
different channel blocks in the same rural geographic area.

On December 15, 2004, the Commission adopted a *Report and* *Order* that
substantially revises the rules governing the Air-Ground Radiotelephone
Service.[^157] Among other things, the Commission decided to auction new
licenses for the four megahertz of commercial air-ground spectrum in
three possible band plan configurations and proposed auction rules for
this spectrum. In December 2005, in response to petitions for
reconsideration of the 2004 *Report and Order*, the Commission adopted a
*Reconsideration Order and Report and Order* affirming most of its
decisions and clarifying some minor points.[^158] The Commission also
adopted final competitive bidding rules for the 800 MHz commercial and
400 MHz general aviation air-ground services and defined small
businesses eligible for bidding credits. In 2006, the commercial
aviation Air-Ground auction was held and it was successful in selecting
both a band plan and two new licensees.

As part of the *Report and Order* regarding the Air-Ground
Radiotelephone Service discussed in the preceding paragraph, the
Commission also streamlined certain non-cellular Part 22 Public Mobile
Services rules that were found no longer to be warranted.[^159] For
example, the Commission removed the requirement that Part 22 licensees
be common carriers, modified rules governing the provision of dispatch
service by paging licensees, and recodified certain Part 22 rules to
Part 1 to provide uniform methods for the calculation of terrain
elevation and distance for most wireless services.

On December 15, 2004, the Commission adopted a *Notice of Proposed
Rulemaking* to consider whether to revise or eliminate its current ban
on the use of cellular telephones on airborne aircraft.[^160]

On July 22, 2005, the Commission adopted a *Report and Order and Further
Notice of Proposed Rule Making* that streamlines and harmonizes the Part
1, 22, 24, 27, and 90 rules to clarify spectrum rights and obligations
and optimize flexibility for wireless service licensees.[^161] For
example, the Commission removed or modified various out of date
licensing provisions relating to dispatch service. In the *Further
Notice*, the Commission sought comment on potential changes to the
Cellular Radio Telephone Service power limits.

Comments

Ericsson filed comments reiterating its support to change power limits
in the PCS and AWS services but make no change in the cellular service.
This issue is being considered in the Streamlining and Harmonization
proceeding discussed above.

Recommendation

The Part 22 rules establish general operating and technical requirements
applicable to our many Part 22 licensees as well as licensees in
adjacent services. We note that the Part 22 rules are under
consideration in several proceedings outlined above. We recommend that
the Commission determine in those proceedings whether the Part 22 rules
are necessary in the public interest and, if they are not, to repeal or
modify any rule so that it is in the public interest. Pursuant to our
Section 11 biennial review, to the extent that the Part 22 rules are not
under consideration in pending proceedings, we do not find that this
rule Part is "no longer necessary in the public interest as the result
of meaningful economic competition between providers of such
\[telecommunications\] service." However, we will continue to be
receptive to further careful examination of these rules for potential
repeal or modification in the future.

part 22, Subpart E -- Paging and Radiotelephone Service

Description

Part 22, subpart E contains licensing, technical, and operational rules
for the Paging and Radiotelephone Service (PARS).[^162] Most of the
application filing rules were moved from this subpart to Part 1 in
connection with implementation of electronic filing procedures and the
Universal Licensing System.[^163] The allocations covered by subpart E
have historically been used for common carrier telecommunications
services, most recently tone, voice, numeric, and alphanumeric paging
services. Some of these paging services continue. Increasingly, however,
as paging has declined in the last decade, licensees are also finding
new uses for these paired allocations, including two-way voice and data
distribution and augmentation to public safety systems.

In general, the rules in this subpart: (1) specify the frequency bands
allocated to PARS; (2) set forth methods for providing interference
protection to grandfathered individually-licensed stations; (3)
establish certain operating requirements for licensees; and (4) define
technical limits on operation (*e.g*., transmitter power).

The PARS rules have evolved significantly over the years. The PARS rules
were originally designed for radiotelephone and paging, as the name
implies, but have been modified over the years to be much more flexible.
Consequently, the rules currently allow any type of mobile or fixed
service to be provided, using any type of technology that is technically
feasible in the bandwidth available, and allow the aggregation of
channels and partitioning of area as well. There are also some rules
pertaining to the operation of internal point-to-point and
point-to-multipoint fixed links that support telecommunications systems.

Part 22, subpart E is currently organized into six groups of rules. The
first group of rules applies to all PARS stations.[^164] Each of the
subsequent five groups contains technical and operational rules
pertaining only to a particular type of operation on specified channels.
The types of operation are paging, one- and two-way mobile,
point-to-point, point-to-multipoint, and trunked mobile operation. Some
of these types (*e.g*., trunked) are obsolescent and the associated
rules have been greatly simplified accordingly. Some of the PARS
454-459 MHz channels are shared with several remaining basic exchange
telephone radio systems (providing Rural Radiotelephone Service).

Purpose

The purpose of subpart E is to facilitate the provision of commercial
one-way and two-way wireless telecommunications services, in particular,
one-way paging, to the general public at reasonable rates by: (1)
utilizing a competitive bidding process to issue initial geographic area
based licenses where there are mutually exclusive applications; (2)
encouraging competition among service providers once licensed; (3)
ensuring that available spectrum allocations are used efficiently; and
(4) reducing the likelihood of harmful interference between licensed
stations.

Analysis

Status of Competition

PARS stations governed by subpart E compete directly with Part 90
commercial paging services and with Part 24 narrowband PCS, and they
compete indirectly with other CMRS. The *Eleventh CMRS Competition
Report* notes that paging carriers continue to experience a decline in
overall subscribers with a total of 8.3 million paging units in service
as of the end of 2005, down from 11.2 million units at the end of 2003
(*e.g., the 2004 Biennial Review Staff Report*).[^165]

Advantages

Part 22, subpart E rules provide an efficient structure for the
assignment of allocated channels to PARS stations. Geographic area
licensing has minimized the amount of on-going paperwork in maintaining
the license data in this service. Minimal and flexible technical
standards are facilitating the introduction of new uses for the PARS
allocation.

Disadvantages

The PARS rules impose some burdens related to compliance with the few
remaining technical and operational rules. Although the Commission
converted the authorization of the PARS from the original site-by-site
procedure to a geographic area licensing process, several detailed
technical rules related to the site-by-site procedure have been retained
in order to protect the investment of grandfathered incumbent licensees
in areas where the geographic licensee is a different entity.

Recent Efforts

See Part 22 -- Public Mobile Services "Recent Efforts" discussion,
*supra*.

The Commission has sought comment on a Petition for Rulemaking filed by
Icom, Inc. to re-designate Part 22 150 MHz paging channels for public
safety operations.[^166]

Comments

No comments were filed with respect to this subpart.

Recommendation

The various Part 22, subpart E rules are technical and operational rules
relating to channel usage and operational or interference-related issues
among Part 22 paging licensees as well as licensees in adjacent
services. Accordingly, pursuant to our Section 11 biennial review, we do
not find that this rule subpart is "no longer necessary in the public
interest as the result of meaningful economic competition between
providers of such \[telecommunications\] service." The staff therefore
recommends that neither modification nor repeal of these rules is
warranted. However, we will continue to be receptive to further careful
examination of these rules for potential repeal or modification in the
future.

part 22, Subpart F -- Rural Radiotelephone Service

Description

Part 22, subpart F[^167] contains technical and operational rules for
the Rural Radiotelephone Service. The rules contain provisions governing
eligibility, assignment of channels, and management of interference.

The Rural Radiotelephone service is the only service regulated under
Part 22 that is solely a fixed service. Rural Radiotelephone service was
established as an alternative method for making basic telephone service
available to persons who live in remote rural locations where it is not
feasible, because of cost, environmental factors, or other practical
concerns, to provide such service by wire. The rules provide that Rural
Radiotelephone interoffice stations can also be used to link central
offices where wireline links are similarly infeasible.

Two types of facilities are authorized in the Rural Radiotelephone
service -- conventional stations and basic exchange telephone radio
systems (BETRS). Conventional Rural Radiotelephone stations may be
licensed to any applicant. These stations operate on exclusively
assigned paired channels and are considered for regulatory purposes to
be interconnected to, but not a part of, the local loop. Consequently,
conventional Rural Radiotelephone stations do not have to meet state
requirements affecting the local loop (*e.g.*, call blocking,
transmission quality).

BETRS facilities may only be licensed to entities that have been state
certified to provide local exchange service in the geographic area in
question (*e.g.*, LECs and CLECs). BETRS also operate on paired
channels, but they are considered, for regulatory purposes, to be a part
of the local loop, and therefore must meet state standards applicable to
the local loop.

Purpose

The purpose of the Rural Radiotelephone rules is to facilitate provision
of telephone service to persons who live in remote rural locations where
it is infeasible to provide service by wire.

Analysis

Status of Competition

The Rural Radiotelephone service is now used only as a legacy last
resort in the most remote rural areas, where wireline telephone service
is infeasible or not cost-effective. While historically, Rural
Radiotelephone customers have had few if any competitive alternatives
for provision of telephony due to their geographic isolation, other
wireless services, such as cellular and PCS, have expanded into these
areas, and availability of competitive alternatives is likely to
increase in the future, especially with the implementation of the *Rural
Report and Order*. It should be noted that there are no longer any
manufacturers of BETRS equipment for this band, so all remaining usage
in this service is from installed facilities.

Advantages

The rules in Part 22, subpart F provide for the continued assignment of
allocated channels to Rural Radiotelephone stations for as long as such
may be needed.

Disadvantages

None.

Recent Efforts

See Part 22 -- Public Mobile Services "Recent Efforts" discussion,
*supra.*

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 22, subpart F rules are technical and operational in nature.
However, the need for the type of facilities governed by these rules
will be considerably impacted as superior alternatives (WiMAX, VoIP,
etc.) become more available in rural areas. At this time, the need for
these rules is not directly affected by competitive developments that
guide our Section 11 analysis. Accordingly, we do not find that these
Part 22 rules are "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." We will continue to monitor the
displacement of this service by alternative rural basic telephone
technologies with an eye toward recommending eliminating this subpart
when the need for it is gone.

part 22, Subpart G -- Air-Ground Radiotelephone Service

Description

Part 22, subpart G[^168] contains licensing, technical, and operational
rules for the Air-Ground Radiotelephone Service (AGS). In the past, the
AGS provided commercial telephone service to persons in airborne
aircraft, using telephone instruments that are permanently mounted in
the aircraft. As explained below, the 800 MHz AGS has been restructured
to expand the capability of the licensees to provide other services,
such as internet and data services.

AGS consists of two separate parts: General Aviation air-ground stations
and Commercial Aviation air-ground systems. General Aviation air-ground
stations serve only "general aviation" aircraft (aircraft owned by
individuals or businesses for their own use that do not carry passengers
for hire). These stations operate independently rather than as a system.
Consequently, when an aircraft flies out of range of a ground station,
any call in progress disconnects, and the user must then redial through
another ground station.

Commercial Aviation air-ground systems are permitted to serve any type
of aircraft, but primarily serve passengers aboard commercial airlines.
Commercial Aviation systems use seat-back and bulkhead-mounted
telephones often seen on commercial flights. Commercial aviation
air-ground systems are all nationwide systems and calls in progress
handoff from one ground station to another uninterrupted as the aircraft
flies across the country.

In general, the subpart G rules: (1) specify the frequency bands
allocated to the General Aviation and Commercial Aviation air-ground
services; (2) provide separation distance criteria for determining where
new ground stations may be established; (3) establish minimum
construction or coverage requirements for licensees; and (4) set forth
certain technical limits on operation (*e.g*., transmitter power).

Purpose

Subpart G facilitates the provision of commercial telephone service to
persons aboard airborne aircraft.

Analysis

Status of Competition

Currently, Verizon Airfone holds the single remaining incumbent license
in the Commercial Aviation band. As a result of Auction No. 65 that
concluded on June 2, 2006, however, the Commission named two winning
bidders (ACBidCo and LiveTV) who have applied to obtain competing
licenses in the band. Verizon Airfone, in consideration of these
developments, has announced that it plans to discontinue this service by
the end of 2006.

Advantages

The newly adopted AGS rules provide for the efficient assignment and use
of the air-ground spectrum allocations by competing service providers.

Disadvantages

None.

Recent Efforts

On December 15, 2004, the Commission adopted a *Report and* *Order* that
substantially revised the rules governing the Air-Ground Radiotelephone
Service.[^169] Among other things, the Commission decided to auction new
licenses for the four megahertz of commercial air-ground spectrum in
three possible band plan configurations and proposed auction rules for
this spectrum. In December 2005, in response to petitions for
reconsideration of the 2004 *Report and Order*, the Commission adopted a
*Reconsideration Order and Report and Order* clarifying that
stratospheric platforms, such as high-altitude balloons, may be used to
provide air-ground services.[^170] The Commission also adopted final
competitive bidding rules for the 800 MHz commercial and 400 MHz general
aviation air-ground services and defined small businesses eligible for
bidding credits. The Commission also eliminated the requirement that
general aviation stations use only AGRAS (an aging technology), which
will allow those licensees to try new technologies and take advantage of
technical advances.

An 800 MHz Air-Ground (commercial aviation) auction (Auction No. 65)
concluded on June 2, 2006, after two bidders placed winning bids on two
licenses.[^171] The Commission granted licenses to the winning bidders
on October 31, 2006 under call signs WQFX728 and WQFX729.[^172]

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 22, subpart G rules govern the licensing and operation of
air-ground radiotelephone stations and systems. As noted above, the
Commission adopted a *Report and Order* on December 15, 2004, which
substantially revises these rules.[^173] In addition, also as noted
above, the Commission adopted a *Reconsideration Order and Report and
Order* on December 9, 2005, which clarifies certain issues adopted in
the *Report and Order* and adopts competitive bidding procedures.[^174]
Given the recent changes to the air-ground service rules and the absence
of significant changes in the competitive landscape since the changes
were made, we do not find that this rule subpart is "no longer necessary
in the public interest as the result of meaningful economic competition
between providers of such \[telecommunications\] service." However, we
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

part 22, Subpart H -- Cellular Radiotelephone Service

Description

Part 22, subpart H[^175] contains licensing, technical, and operational
rules for the Cellular Radiotelephone Service (cellular service).

The spectrum allocated to the cellular service is divided into two
channel blocks, A and B. This was done to provide for two competing,
facilities-based providers in each licensing area. Initially, the
cellular license for the B channel block in each licensing area was
issued to the wireline telephone company in that area and the license
for the A channel block was issued to a company other than that wireline
telephone company. There were multiple A block applicants in most
markets, and the initial licensee was selected by comparative hearings
for the first (largest) 30 markets. Random selection (lottery) was used
in the remaining markets. After Congress authorized the Commission to
select among mutually exclusive applications using competitive bidding
(auctions), the Commission began using auctions instead of lotteries to
award licenses in the cellular service.

In general, the rules in Part 22, subpart H: (1) specify the frequency
bands allocated to the cellular service; (2) provide methods for
determining the Cellular Geographic Service Area (protected service
area) of each system; (3) establish minimum construction and coverage
requirements for cellular licensees; and (4) set forth certain technical
limits on operation (*e.g*., transmitter power).

Purpose

Subpart H facilitates the provision of commercial cellular services to
the general public, by: (1) utilizing a competitive bidding process to
issue licenses; (2) preserving and enhancing competition between these
service providers once licensed; (3) ensuring that available spectrum
allocations are used efficiently; and (4) requiring coordination
procedures to prevent harmful interference among cellular systems.

Analysis

Status of Competition

As detailed in the *Eleventh CMRS Competition Report*, CMRS providers
operate in an environment that is marked by significant and increasing
competition in mobile telephony, paging/messaging, and mobile
data.[^176] As several of the largest providers of mobile telephony in
the country have combined cellular service and PCS into single networks,
it is no longer accurate to view cellular telephone service as separate
and distinct from service provided using PCS licenses. Mobile telephony
service providers compete with each other on the basis of pricing plans,
geographic coverage, and operational features.

Advantages

The rules provide a structure for the assignment and use of cellular
spectrum. The rules provide for accepting applications for any remaining
unserved areas and, in the case of mutually exclusive applications,
selecting the licensee by means of competitive bidding. In addition, the
rules contain minimal and flexible technical standards that facilitate
the introduction of multiple technologies for digital service, data
service and new features.

Disadvantages

The cellular rules impose some administrative burdens inherent in the
cellular licensing process and necessary for compliance with technical
and operational rules.

Recent Efforts

On September 27, 2004, the Commission released the *Rural R&O and
FNPRM*, adopting measures to facilitate the deployment of wireless
services in rural areas including the elimination of the cellular
cross-interest rule in RSAs and an increase in permissible power levels
for base stations in certain wireless services that are located in rural
areas or that provide coverage to otherwise unserved areas.[^177]

On December 15, 2004, the Commission announced that it would consider
whether to revise or eliminate its current ban on the use of cellular
telephones on airborne aircraft.[^178]

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 22, subpart H rules govern licensing in the cellular service
and are technical and operational in nature. These rules are concerned
with licensing procedures, set technical and operational standards, and
protect against interference among Part 22 cellular licensees as well
licensees in adjacent services. Accordingly, pursuant to our Section 11
biennial review, we do not find that this rule subpart is "no longer
necessary in the public interest as the result of meaningful economic
competition between providers of such \[telecommunications\] service."
However, we will continue to be receptive to further careful examination
of these rules for potential repeal or modification in the future.

part 22, Subpart I -- Offshore Radiotelephone Service

Description

Part 22, subpart I[^179] governs the licensing and operation of offshore
radiotelephone stations. The Offshore Radiotelephone Service allows
licensees to use conventional duplex analog technology to provide
telephone service to subscribers located on (or in helicopters en route
to) oil exploration and production platforms in the Gulf of Mexico.

Purpose

The purpose of the subpart I rules is to establish basic rules and
procedures for the licensing and operation of offshore radiotelephone
stations.

Analysis

Status of Competition

There are several competitive alternatives to Offshore Radiotelephone
service in the Gulf. Two cellular companies currently operate in the
Gulf of Mexico Service Area (GMSA), and some SMR service providers also
operate there on a site-by-site basis. [^180]

Advantages

The subpart I rules provide a clear, predictable structure for the
assignment and use of Offshore Radio spectrum.

Disadvantages

The subpart I rules impose limited administrative and technical burdens
that are inherent in the licensing process and necessary for compliance
with technical and operational rules.

Recent Efforts

See Part 22 -- Public Mobile Services "Recent Efforts" discussion,
*supra.*

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 22, subpart I rules are procedural, technical, and operational
in nature. These rules govern licensing procedures, set technical and
operational standards, and protect against interference among Part 22
offshore radiotelephone licensees as well licensees in adjacent
services. Accordingly, pursuant to our Section 11 biennial review, we do
not find that this rule subpart is "no longer necessary in the public
interest as the result of meaningful economic competition between
providers of such \[telecommunications\] service." The staff therefore
recommends that neither modification nor repeal of these rules is
warranted. However, it will continue to be receptive to further careful
examination of these rules for potential repeal or modification in the
future.

part 22, Subpart J -- Required New Capabilities Pursuant to the
Communications Assistance for Law Enforcement Act (CALEA)

**Description**

The Communications Assistance for Law Enforcement Act (CALEA) was
enacted by Congress to establish procedures for law enforcement to
obtain authorized access to wireless and wireline communications or
call-identifying information where such information is needed for law
enforcement purposes. [^181] Part 22, subpart J[^182] contains technical
standards and capabilities for cellular carriers to ensure that
communications and call-identifying information will be accessible to
law enforcement, as required by section 103 of CALEA.[^183] These rules
were adopted in 1999.[^184] The Commission has adopted parallel
requirements and standards for broadband PCS licensees in Part 24,
subpart J[^185] and for wireline telecommunications carriers in Part 64,
subpart W.[^186]

Purpose

The purpose of the CALEA rules is to ensure that law enforcement,
pursuant to court order or other lawful authorization, will have
reasonable access to wireless and wireline communications or
call-identifying information where such information is needed for law
enforcement purposes.

Comments

No comments were filed with respect to this subpart.

Analysis and Recommendation

While CALEA is a communications-specific statute codified in Title 47,
it does not fall within the Communications Act of 1934, as amended. As
such, the CALEA rules are outside the scope of the Commission's Section
11 biennial review.[^187]

Part 24 -- Personal Communications Services (PCS)

Description

Part 24 contains licensing, technical, operational, and auction rules
for broadband and narrowband Personal Communications Services
(PCS).[^188] The rules in this part: (1) define permissible
communications, terms, and definitions relating to PCS licenses; (2)
specify application and licensing requirements, including eligibility,
term of license, and renewal procedures; (3) establish the frequencies
available to PCS licensees; (4) establish operational parameters,
including technical standards and limits on operation (*e.g.*, antenna
height, transmitter power) to prevent harmful interference; (5) set
forth rules for narrowband and broadband PCS licensees, including
minimum coverage requirements; and (6) set forth application procedures
and competitive bidding rules for the auction and award of PCS licenses.

In addition, Part 24 contains requirements applicable to PCS under the
Communications Assistance for Law Enforcement Act (CALEA).[^189]
Specifically, these rules set forth certain capability standards
applicable to broadband PCS telecommunications carriers in order to
ensure that, when properly authorized, law enforcement has access to
communications or call-identifying information.

Part 24 is organized into ten subparts:

A.  General Information

B.  Applications and Licenses

C.  Technical Standards

D.  Narrowband PCS

E.  Broadband PCS

F.  Competitive Bidding Procedures for Narrowband PCS

G.  Interim Application, Licensing and Processing Rules for Narrowband
    PCS

H.  Competitive Bidding Procedures for Broadband PCS

I.  Interim Application, Licensing and Processing Rules for Broadband
    PCS

J.  Required New Capabilities Pursuant to the Communications Assistance
    for Law Enforcement Act (CALEA)

The Part 24 rules were initially adopted in 1993,[^190] and were
modified on reconsideration in 1994.[^191] In 2000, the Commission
issued an order further revising certain aspects of the Part 24
narrowband PCS rules.[^192] The CALEA rules were adopted in a separate
proceeding.[^193]

Purpose

The purposes of the Part 24 rules are to establish basic ground rules
for assignment of PCS spectrum, ensure efficient spectrum use by PCS
licensees, and prevent interference. In addition, Part 24 contains rules
that define eligibility for the PCS entrepreneurs' blocks and for
"designated entity" (*i.e.*, small business) status within these blocks.
The purpose of these provisions is to implement the objectives of
section 309(j)(3) of the Communications Act to ensure that the
distribution of PCS licenses is not excessively concentrated, and that
small businesses, rural telephone companies, and businesses owned by
women and minorities have opportunities to become PCS licensees. [^194]

Analysis

Status of Competition

Broadband PCS providers offer mobile voice and data services in
competition with cellular and some SMR services. PCS, cellular, and
digital SMR networks use the same basic design.[^195] The Commission
estimates that as of December 2005, there were 213 million mobile
telephone subscribers, up from 184.7 million at the end of 2004, which
translates into a nationwide penetration rate of 71 percent.[^196] The
addition of 28.3 million subscribers was a 51 percent increase over the
18.8 million added in 2003. The *Eleventh CMRS Competition Report* cites
analysts' reports that postulate that the higher subscriber growth is
attributable to the attractiveness of innovative service models such as
prepaid and family plans, which target previously underserved markets
such as youth and the credit-challenged as well as wireless
substitution.[^197] Digital subscribers made up more than 98 percent of
all wireless subscribers at the end of 2005, up from 91 percent at the
end of 2003.[^198] Approximately 3.2 million analog-only mobile
telephone subscribers remain.[^199]

Non-voice services continue to play an increasingly important role in
the CMRS industry. The *Eleventh CMRS Competition Report* cites an
estimate by one analyst, that based on consumer billing records, mobile
data usage reached approximately 50 percent of U.S. mobile subscribers
in the fourth quarter of 2005.[^200] This compares with an earlier
estimate of mobile data use of 25 percent of U.S. mobile subscribers as
of early 2004.[^201]

Advantages

The Part 24 rules provide the basic regulatory structure necessary for
the orderly assignment and use of PCS spectrum, while otherwise
affording licensees substantial flexibility to determine what
technology, type of service, and business strategy they will use. The
Part 24 competitive bidding rules promote efficient licensing of PCS
spectrum.

Disadvantages

The Part 24 rules impose limited administrative and technical burdens
that are inherent in the licensing process and necessary for compliance
with technical and operational rules. Certain of the licensing and
technical rules differ somewhat from those for other similar CMRS
services, such that there may be opportunity for further harmonization
in the interest of creating additional flexibility and regulatory
symmetry.

Recent Efforts

On July 8, 2004, the Commission adopted the *Rural R&O and FNPRM*,
adopting measures to facilitate the deployment of wireless services in
rural areas including an increase in permissible power levels for base
stations in certain wireless services that are located in rural areas or
that provide coverage to otherwise unserved areas.[^202]

On July 22, 2005, the Commission adopted a *Report and Order and Further
Notice of Proposed Rule Making* that streamlines and harmonizes the Part
1, 22, 24, 27, and 90 rules to clarify spectrum rights and obligations
and optimize flexibility for wireless service licensees.[^203] For
example, the Commission eliminated the transmitter output power limits
under Part 24 and removed or modified several additional licensing
provisions. In the *Further Notice*, the Commission sought comment on
potential changes to the broadband PCS radiated power limits.

A broadband PCS auction (Auction No. 58) concluded on February 15, 2005,
after twenty-four bidders placed winning bids on 217 licenses.[^204]

The Part 24 rules governing microwave relocation from the 1850 -- 1990
MHz band (2 GHz band) sunset on April 4, 2005.[^205] These rules
established a mechanism whereby PCS licensees that incurred costs to
relocate microwave links received reimbursement for a portion of those
costs and served to help expedite the clearing of the 2 GHz band in an
equitable and efficient manner.[^206]

Comments

[Section 24.232(a) -- Power limitations]{.underline}. Ericsson requests
that the Commission seek comment on 1) eliminating all references to
"peak" or, alternatively, also including references to "average," each
time "peak" is mentioned in Section 24.232(a), (b), and (c) so that the
rule will permit output power measurements on either a "peak" or
"average" basis, without restriction; 2) revising the Section 24.232(a)
transmitter limit to eliminate any output restrictions on transmitters;
3) revising its Section 24.232(a) base station EIRP limit to 6560
watts/MHz/carrier for channel bandwidths 1 MHz and greater, and 6560
watts per carrier for channel bandwidths less than 1 MHz; and 4)
eliminating any transmitter limits and mirroring these base station EIRP
and "peak" rule changes in Section 27.50(d)(1) of its Advanced Wireless
services ("AWS") rules to ensure regulatory parity.[^207]

Recommendation

Because the PCS/microwave cost-sharing rules[^208] found in Part 24
sunset and are no longer in effect, the staff recommends that these
rules be deleted from the Code of Federal Regulations. We also note that
certain issues related to Part 24 rules are under consideration in the
proceedings outlined above, including the power rule changes recommended
by Ericsson. We recommend that the Commission determine in those
proceedings whether the Part 24 rules are necessary in the public
interest and, if they are not, to repeal or modify any rule so that it
is in the public interest. To the extent that the Part 24 rules remain
in effect and are not subject to a pending proceeding, we find that the
Part 24 rules remain necessary in the public interest.

Part 27 -- Miscellaneous Wireless Communications Services

Description

Part 27[^209] contains licensing, technical, and operational rules for
the "miscellaneous wireless communications services" (WCS). The rules in
this part: (1) define WCS license areas; (2) specify the spectrum bands
available to WCS licensees; (3) permit flexible use for all services
within a given spectrum band's allocation;[^210] (4) establish license
terms and other general licensing requirements; (5) establish minimum
technical standards and limits on operation (*e.g.,* antenna height,
power limits) to prevent interference; and (6) set forth application
procedures and competitive bidding rules for the auction and award of
WCS licenses.

Part 27 is divided into 13 sub-parts:

A -- General Information

B -- Applications and Licenses

C -- Technical Standards

> D -- Competitive Bidding Procedures for the 2305-2320 MHz and
> 2345-2360 MHz Bands

E -- Application, Licensing and Processing Rules for WCS

> F -- Competitive Bidding Procedures for the 746-764 MHz and 776-794
> MHz Bands
>
> G -- Guard Band Managers
>
> H -- Competitive Bidding Procedures for the 698-746 MHz Band
>
> I -- 1.4 GHz Band
>
> J -- 1670-1675 MHz Band
>
> K -- Reserved
>
> L -- 1710--1755 MHz, 2110--2155 MHz, 2160--2180 MHz Bands
>
> M -- Broadband Radio Service and Educational Broadband Service

Purpose

The purposes of the Part 27 rules are to establish initial definitions
to assign licenses at auction, ensure efficient spectrum use by
licensees, and prevent interference. Part 27 establishes a general
framework of rules to set forth an optimal initial scope of licenses for
spectrum allocated to flexible use. The Part 27 service rule framework
is designed to promote the efficient use of spectrum and permit service
providers to select the technologies and services that the market may
demand.

Part 27 also contains rules that define eligibility for small business
status within the spectrum bands available to WCS licensees. These
provisions implement the objectives of section 309(j)(3) of the Act that
the distribution of licenses not be excessively concentrated, and that
small businesses, rural telephone companies, and businesses owned by
women and minorities have opportunities to participate in the provision
of WCS and other wireless services.

Analysis

Status of Competition

Competition within the miscellaneous WCS is beginning to develop as Part
27 services are licensed. Because there is considerable range in the
frequency bands allocated for flexible use and licensing under Part 27,
the status of competition varies depending on the frequencies and their
feasibility of use to offer services within a particular market.
Accordingly, WCS licensees may not necessarily compete with one another
in the same market and will more than likely use their flexibility to
offer services that compete with existing fixed, mobile, and/or
broadcast services depending on market demand at any particular point in
time.

To date, the Commission has issued licenses for spectrum in the 2.3 GHz
frequency band, the guard band portions of the Upper 700 MHz Band and
the C and D Blocks of the lower 700 MHz Band, the BRS/EBS 2.5 GHz Band,
and the 1.7/2.1 GHz Band (AWS-1).

*BRS/EBS*. Under the new band plan and transition mechanism established
by the Commission for the 194 megahertz of spectrum in the 2.5 GHz Band,
BRS and EBS licensees are focusing on providing low power operations,
such as two-way fixed and mobile broadband applications, in addition to
high power operations, such as one-way video transmission.

*700 MHz Band*. Seventy-eight megahertz of the total 108 megahertz of
Upper and Lower 700 MHz spectrum will generally be open to a broad range
of flexible uses.[^211] These bands have many permissible uses: new
licensees may use the spectrum for fixed, mobile (including mobile
wireless commercial services), and broadcast services.[^212] The
Commission expects that many of the new technologies to be developed and
deployed in this band will support advanced wireless applications.[^213]
However, portions of the Upper and Lower 700 MHz spectrum are currently
encumbered by television broadcasters, and may remain so until the end
of the period when broadcasters convert from analog to digital
transmission systems.[^214] The Digital Television and Public Safety Act
of 2005 ("DTV Act of 2005") established February 17, 2009 as the end of
the DTV transition, and requires the Commission to commence the auction
of the remaining spectrum recovered from analog broadcasting no later
than January 28, 2008.[^215] The Commission already has auctioned and
issued licenses for a total of 18 megahertz of spectrum in the Lower 700
MHz Band.[^216]

With respect to the 6 MHz of Guard Band spectrum in the 700 MHz Band,
the Commission recently adopted a *Notice of Proposed Rule Making* that
seeks comment on several service rule changes that may provide greater
flexibility to 700 MHz Guard Bands licensees, while maintaining adequate
interference protection for public safety licensees.[^217]

*AWS*. The Commission recently auctioned and is currently licensing the
90 megahertz of AWS-1 spectrum to be used for any wireless service that
is consistent with the spectrum's fixed and mobile allocations and to be
licensed under the Commission's flexible, market-oriented Part 27 rules.
To date, the Commission has issued 942 licenses (out of a total of
1,087) to the winning bidders at the AWS auction.

*WCS*. The providers of WCS in 2.3 GHz frequency bands have mainly
focused on the offering of fixed wireless voice and data services in
conjunction or competition with fixed wireless uses in several spectrum
bands, including unlicensed spectrum bands, 24 GHz, Local Multipoint
Distribution Service (LMDS), and 39 GHz.

*1.4 GHz Band*. Geographic area licensing for the paired 1392-1395 MHz
and 1432-1435 MHz bands will provide licenses with substantial
flexibility to respond to market demand and will better enable licensees
to coordinate usage.

Advantages

The Part 27 rules provide an umbrella structure for the assignment of
spectrum to various services with maximum practicable flexibility. The
service rules rely on a market-based approach that affords flexibility
to licensees to decide on development and deployment of new services and
products to consumers. This framework ensures that licensees are not
constrained to a single regulatory status or use of this spectrum and,
therefore, can offer a mix of services and technologies to their
customers.

Disadvantages

The Part 27 rules impose administrative burdens inherent to the
licensing process and necessary for compliance with technical and
operational rules.

Recent Efforts

On July 29, 2004, the Commission released a *Report and Order and
Further Notice of Proposed Rulemaking* that transforms the rules
governing the Multipoint Distribution Service (MDS) and the
Instructional Television Fixed Service (ITFS) in order to encourage the
deployment of broadband services by commercial and educational
entities.[^218] To better reflect the revised service rules, the
Commission renamed MDS the Broadband Radio Service (BRS) and ITFS the
Educational Broadband Service (EBS). The Commission created a new band
plan for 2495-2690 MHz that eliminates the use of interleaved channels
by BRS and EBS licensees and creates distinct band segments for high
power operations, such as one-way video transmission, and low power
operations, such as two-way fixed and mobile broadband applications. The
Commission also established a mechanism for transition from the existing
band configuration to the new band plan. BRS and EBS providers will have
a three-year period during which they may propose transition plans for
relocating existing facilities of all other licensees within the same
Major Economic Area (MEA) to new spectrum assignments in the revised
band plan. In addition, the Commission deleted Part 21 and Subpart I of
Part 74, and consolidated the rules for BRS and EBS into Part 27 of the
Commission's Rules. On April 27, 2006, the Commission released a *Third
Memorandum Opinion and Order and Second Report and Order* in this
proceeding.[^219] Among other things, the Commission changed the
transition size area from MEA to Basic Trading Area, and decided to
permit licensees to self-transition if a proponent has not come forward
by 30 months after the effective date of the amended rules.

In 2004 through 2006, the Commission took several steps to build on its
establishment of a flexible-use licensing framework under Part 27 for
the first 90 megahertz of Advanced Wireless Service spectrum ("AWS-1"),
consisting of 1710-1755 and 2110-2155 MHz.[^220] In 2004, the Commission
allocated spectrum in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz
and 2175-2180 MHz bands for fixed and mobile use and designated it for
AWS ("AWS-2"), and proposed service rules for this 20 megahertz of
additional AWS spectrum under the Part 27 flexible use regime.[^221] In
2005, the Commission allocated an additional 20 MHz of spectrum at
2155-2175 MHz ("AWS-3") suitable for AWS uses, and modified its rules
for the AWS-1 band to provide additional opportunities for smaller and
rural wireless carriers to access this spectrum.[^222] In 2006, the
Commission established procedures by which new AWS licensees may
relocate incumbent BRS and Fixed Microwave Service (FS) operations in
spectrum that has been allocated for AWS, and established cost sharing
obligations for AWS and Mobile Satellite Service (MSS) entrants that
benefit from the relocation of FS and BRS operations in these
bands.[^223] In addition, on September 18, 2006, the Commission
completed the auction of AWS-1 licenses in the 1710-1755 MHz and
2110-2155 MHz bands (Auction No. 66), in which 104 winning bidders won a
total of 1,087 licenses.[^224] The Commission has granted over
two-thirds of the applications submitted by winners in Auction No. 66,
issuing 942 licenses,[^225] and is currently reviewing the remaining
applications.

On August 12, 2004, the Wireless Telecommunications Bureau issued a
*Memorandum Opinion and Order*[^226] granting Access Spectrum LLC, a 700
MHz "A Block" Guard Band licensee, a waiver of section 27.60 of the
Commission's rules[^227] to permit 700 MHz operations within the Grade B
contour of incumbent broadcaster KZJL in Houston, Texas, subject to
certain conditions mostly involving resolution of interference.

On February 18, 2005, the Wireless Telecommunications Bureau granted
Aloha Partners, L.P. (Aloha), a C Block licensee in the Lower 700 MHz
Band, a waiver of section 27.60 of the Commission's rules to permit
operation within the "Grade B" contour of an incumbent broadcaster in
Tucson, Arizona.[^228] After the Bureau's grant of waiver to Aloha, the
Association for Maximum Service Television and Tucson Communications
(affected licensee), which originally opposed Aloha's petition for
waiver, filed an Application for Review of the Bureau's decision.
Separately, Paxson Communications also filed an Application for Review.

A Lower 700 MHz auction (Auction No. 60) concluded on July 26, 2005,
after three bidders placed winning bids on five licenses.[^229]

On August 10, 2006, the Commission released a *Notice of Proposed
Rulemaking* in Docket 06-150, seeking comment on possible changes to the
Part 27 service rules governing wireless licenses in the 698-746,
747-762, and 777-792 MHz bands (i.e., the non-public safety and
non-guard band portions of the Upper and Lower 700 MHz bands) in
preparation for the auction of the remaining unauctioned bands.  The
Commission sought comment on a wide range of service and licensing
issues, including the size of geographic service areas, the size of
spectrum blocks, performance requirements, renewal requirements, license
terms, and power limits.  Comments were filed on September 29, 2006 and
reply comments were filed on October 20, 2006. In the same notice, the
commission requested comments on whether existing rules relating to
enhanced 911 services and hearing aid compatibility were still necessary
for licenses in these newly available bands.

On October 12, 2006, the Commission granted in part and denied in part a
Petition for Declaratory Ruling filed by Qualcomm Incorporated seeking
clarification of certain rules and the establishment of a streamlined
review process in order to accelerate the deployment of new services in
the 700 MHz Band before the end of the digital television (DTV)
transition.[^230]

On September 6, 2006, the Commission adopted a *Notice of Proposed Rule
Making* that seeks comment on several service rule changes that may
provide greater flexibility to 700 MHz Guard Bands licensees, while
maintaining adequate interference protection for public safety
licensees.[^231]

On September 27, 2004, the Commission released the *Rural R&O and
FNPRM*, adopting measures to facilitate the deployment of wireless
services in rural areas including an increase in permissible power
levels for base stations in certain wireless services that are located
in rural areas or that provide coverage to otherwise unserved
areas.[^232]

Comments

Ericsson notes that the Commission is considering CTIA\'s proposed
industry-consensus changes to the Part 24 power limits rules and that
CTIA has proposed therein that the Commission should mirror these
proposed changes in Part 27 rules to ensure technological neutrality and
fair treatment of competing wireless carriers in the marketplace.[^233]
Ericsson states that it supports mirroring these proposed changes to
Part 24 in the Part 27 rules for AWS.[^234]

Recommendation

Staff notes that issues concerning Part 27 are within the scope of the
pending proceedings described above. In particular, the staff notes that
Ericsson\'s suggestion to mirror any changes to Part 24 in the Part 27
AWS rules to ensure fair treatment of competing wireless carriers is
pending before the Commission in WT Docket No. 03-264.[^235]

As a general matter, the need and purposes for the Part 27 rules
concerned with licensing procedures and technical and operational
standards, which protect against interference among Part 27 licensees as
well licensees in adjacent services, are not directly affected by
competitive developments in the services that guide our Section 11
analysis. Accordingly, we do not find that these Part 27 rules are "no
longer necessary in the public interest as the result of meaningful
economic competition between providers of such \[telecommunications\]
service."

Part 80, Subparts J and Y -- Public Coast Stations and Competitive
Bidding Procedures

Description

Part 80 contains licensing, technical, and operational rules for radio
stations in the maritime services, which provide for the distress,
operational, and personal communications needs of vessels at sea and on
inland waterways.[^236] Most maritime frequencies are allocated
internationally by geographic region and type of communication in order
to facilitate interoperable radio communications among vessels of all
nations and stations on land worldwide. (Frequencies for Automated
Maritime Telecommunications Systems (AMTS) are not allocated
internationally.) Land stations in the maritime services are the links
between vessels at sea and activities on shore. They are spread
throughout the coastal and inland areas of the United States to carry
radio signals and messages to and from ships.

Review of Part 80 in this report focuses on the rules affecting public
coast stations (subparts J and Y in particular[^237]). Public coast
stations are CMRS providers that allow ships to send and receive
messages and to interconnect with the public switched telephone network.
They are unique in the Maritime Services in that they are used for
commercial applications. There are three types of public coast stations:
VPC (157-162 MHz), AMTS (217-220 MHz), and high seas (which operates on
low frequency (100-160 KHz band), middle frequency (405-525 KHz and 2
MHz bands), and high frequency (4, 6, 8, 12, 16, 18/19, 22, and 25/26
MHz bands) spectrum). Unlike other Part 80 stations, VHF Band Public
Coast (VPC) stations and AMTS stations are licensed on a geographic,
exclusive-use basis, and are subject to licensing by the Commission's
competitive bidding procedures.

Purpose

The Part 80 rules establish the mechanism for allocating licenses and
ensure spectrum use that provides public coast licensees with maximum
flexibility while concurrently respecting the unique nature of maritime
spectrum and preventing interference.

Analysis

Status of Competition

While competition in the CMRS industry as a whole has increased,
competition is generally less robust between the public coast services.
VPC and AMTS stations, which generally serve ports, coastal areas, and
inland waterways, have lost significant market share to other CMRS
services (*e.g.*, cellular and PCS) that have coverage in those areas
and offer service at much lower cost. In addition, high seas public
coast stations have lost business to satellite communications providers,
which can offer higher quality, more user-friendly service. Due to
station closures and industry consolidation, a single entity (MariTel,
Inc.) is the predominant VPC licensee, as many small and independent
licensees have left the business. Competition is stronger in Automated
Maritime Telecommunications System Stations (AMTS) than on the high seas
bands, which also have experienced a reduction in the number of licensed
stations.

Advantages

The Part 80 rules promote the safety of life and property at sea, while
concurrently allowing licensees to compete as CMRS providers. The rules
allow partitioning and disaggregation, and permit VPC and AMTS licensees
to use capacity that is not needed for maritime service to serve units
on land.

The subpart Y competitive bidding rules allow the efficient licensing of
spectrum and are likely to result in award of licenses to those entities
that value the spectrum the most and will use it most efficiently. These
rules also enable the Commission to recover a portion of the value of
the spectrum for the benefit of the public.

Disadvantages

Because of the unique characteristics of the maritime services, VPC and
high seas public coast station licensees are subject to responsibilities
that other CMRS providers do not face. The international allocation of
maritime frequencies and the associated statutes, treaties, and
agreements limit the flexibility of use of these maritime frequencies.
There are additional administrative burdens associated with the
competitive bidding of public coast station licenses, including filing
and reporting requirements, as well as the cost of maintaining staff and
electronic resources to participate in auctions.

Recent Efforts

On July 8, 2004, the Commission adopted a *Notice of Proposed Rule
Making,* proposing to afford VPC and AMTS licensees additional
flexibility in providing service to units on land.[^238]

On July 20, 2006, the Commission adopted the *Marine AIS Report and
Order and Further Notice of Proposed Rule Making*, adopting rules to
designate VHF maritime channels 87B (161.975 MHz) and 88B (162.025 MHz)
for maritime Automatic Identification Systems (AIS).[^239] This takes an
important step toward ensuring the policies of the United States are
consistent with establishment of a seamless global AIS framework, and
will facilitate the broad, efficient and effective implementation of AIS
in U.S. territorial waters. It is a critical component of our Nation's
homeland security, as well as an important tool for enhancing maritime
safety.

On August 29, 2006, the Commission adopted a *Third Report and Order and
Third Further Notice of Proposed Rule Making*, which consolidated,
revised, and streamlined the Part 80 rules to address new international
maritime requirements, improve the operational ability of all users of
marine radios, and remove unnecessary or duplicative requirements.[^240]

The initial AMTS auction (Auction No. 57) concluded on September 15,
2004, after four bidders placed winning bids on ten licenses.[^241] On
August 17, 2005, the Commission completed a second auction of AMTS
licenses (Auction No. 61). In this auction, four winning bidders won a
total of ten licenses.[^242]

Comments

No comments were filed with respect to this rule part.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
these rule subpart are "no longer necessary in the public interest as
the result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

part 90 -- Private Land Mobile Radio Services

Description

Part 90 contains licensing, technical, and operational rules for the
group of mobile services historically described as "private land mobile
radio services" (PLMRS).[^243] Services regulated under this rule part
include commercial services such as Specialized Mobile Radio (SMR) and
private carrier paging (PCP), non-commercial services such as public
safety, and services that are used by utilities, transportation
companies, and other businesses for both commercial and private internal
purposes.

With the passage of the Omnibus Budget Reconciliation Act of 1993
(OBRA),[^244] Congress reclassified some PLMRS (*e.g.*, 800 MHz and 900
MHz SMR, PCP, and some 220 MHz and Business Radio services) as CMRS
(depending on the nature of the service being provided) and required
CMRS providers to be regulated as common carriers.[^245] The regulatory
status of non-CMRS Part 90 services were unaffected by OBRA, and these
services continue to be classified as private services.

Part 90 contains 23 subparts. Some of these subparts apply generally to
all Part 90 licensees, while others establish rules for specific
services.[^246] In general, the rules in this part: (1) specify the
frequency bands in which each service operates; (2) define the service
area of licenses in each frequency band; (3) establish minimum
construction or coverage requirements for licensees; and (4) define
technical limits on operation (*e.g.*, antenna height, transmitter
power) to prevent interference. For certain CMRS services, Part 90 also
contains subparts dealing with the auction and award of licenses,[^247]
although the Commission eliminated many of the service-specific
licensing rules in Part 90 as part of its consolidation of all wireless
licensing rules into Part 1 in the *Universal Licensing*
proceeding.[^248]

The analysis of Part 90 in this report focuses on those subparts that
affect CMRS providers:

Subpart C -- Industrial/Business Pool

Subpart G -- Applications and Authorizations

Subpart H -- Policies Governing Assignment of Frequencies

Subpart I - General Technical Standards

Subpart L - Authorizations in 470-512 MHz Band

Subparts M, X - Intelligent Transportation Systems Radio Service/Auction
Rules

Subpart N -- Operating Requirements

Subpart P - Paging Operations

Subpart R -- Regulations Governing the Licensing and Use of Frequencies
in the 764-776 and 794-806 MHz Bands

Subparts S, U, V - 800/900 MHz SMR Service/Auction Rules

> Subparts T, W - 220 MHz Service/Auction Rules

Purpose

The purposes of the Part 90 rules are to establish basic ground rules
for assignment of spectrum in Part 90 services, to ensure efficient
spectrum use by licensees, and to prevent interference.

Analysis

Status of Competition

As detailed in the *Eleventh* *CMRS Competition Report*, CMRS providers,
including those licensed under Part 90, operate in an environment that
is marked by increased competition, innovation, lower prices for
consumers, and increased diversity of service offerings.[^249]

Advantages

The Part 90 rules provide an efficient structure for the assignment and
use of spectrum. In the Part 90 frequency bands that are licensed
exclusively to CMRS providers (*e.g.*, SMR), auction rules promote
efficient licensing of spectrum to parties needing to cover geographic
areas. In other bands, site-specific licensing and frequency
coordination are used to promote efficient spectrum use in specific
areas.

Disadvantages

The Part 90 rules impose limited administrative and technical burdens
that are inherent to the licensing process and necessary for compliance
with technical and operational rules.

Recent Efforts

In February 2003, the Commission adopted rules to encourage spectral
efficiency in the 150-174 MHz and 421-512 MHz bands and in December
2004, it amended the rules to foster a more timely transition to
narrowband technology.[^250] For various Part 90 operations, this
proceeding established a January 1, 2013 deadline for migration to 12.5
kHz technology, or a technology that achieves the narrowband equivalent
of one channel per 12.5 kHz of channel bandwidth (voice) or 4800 bits
per second per 6.25 kHz (data) if the bandwidth for transmissions
specified in the modification application is greater than 12.5 kHz.
Further, applications for new operations using 25 kHz channels will be
accepted until January 1, 2011. Additionally, applications for
modification of operations that expand the authorized contour of an
existing station using 25 kHz channels will be accepted until January 1,
2011. Manufacture and importation of any 150-174 MHz and 421-512 MHz
band equipment operating on a channel bandwidth up to 25 kHz will be
permitted until January 1, 2011. The rules were revised to permit
applications for certification of equipment received on or after January
1, 2005 operating with a 25 kHz bandwidth, to the extent that the
equipment meets the spectrum efficiency standard of one channel per 6.25
kHz of channel bandwidth (voice) or 4800 bits per second per 6.25 kHz
(data). However, these rules were stayed with respect to certification
of equipment in the *Order*, pending resolution of the issues raised in
the *Third Further Notice*. Finally, Part 90 paging-only frequencies
were exempted from the narrow-banding requirements. Additionally, the
Commission sought comment on whether the equipment certification
provision in the current rules is sufficient to promote PLMRS migration
to one voice path per 6.25 kHz bandwidth, or equivalent technology, or
whether migration to 6.25 kHz bandwidth or equivalent technology should
be mandatory.[^251]

In 2005, the Commission adopted technical and procedural measures to
address the problem of interference to public safety communications in
the 800 MHz band.[^252]  On July 22, 2005, the Commission adopted a
*Report and Order and Further Notice of Proposed Rule Making* that
streamlines and harmonizes the Part 1, 22, 24, 27, and 90 rules to
clarify spectrum rights and obligations and optimize flexibility for
wireless service licensees.[^253] For example, the Commission relaxed
the rules to classify the deletion of frequencies and transmitter sites
from a multi-site authorization under Part 90 as a minor modification.
It also eliminated the transmitter output power limits under Part 24 and
removed or modified several additional licensing provisions. In the
*Further Notice*, the Commission sought comment on potential changes to
the broadband PCS radiated power limits.

In February 2005, the Commission proposed auction of Business and
Industrial Land Transportation service (B/ILT) area licenses as overlays
to the incumbent site-based licenses in the 900 MHz band.[^254] 

Comments

No comments were filed with respect to this rule part.

**Recommendation**

Staff recommendations with respect to Part 90 rule sections are set
forth in the discussions of specific Part 90 subparts.

part 90, subpart c -- industrial/business radio pool

Description

Part 90, subpart C[^255] sets forth the regulations governing the
licensing and operations of the radio communications of entities engaged
in certain commercial activities, engaged in clergy activities,
operating educational, philanthropic, or ecclesiastical institutions, or
operating hospitals, clinics, or medical associations.

Purpose

The purpose of the subpart C rules is to establish the rules governing
eligibility, frequency availability, licensing, permissible
communications, and system requirements for licensees in the
industrial/business radio pool.

Analysis

Status of Competition

See Part 90 -- Private Land Mobile Radio Services "Status of
Competition" discussion, *supra*.

Advantages

The subpart C rules provide a clear structure for the assignment and use
of spectrum to assist eligible entities in the operation of their
day-to-day activities.

Disadvantages

The subpart C rules impose limited administrative and technical burdens
inherent to the licensing process and necessary for compliance with
technical and operational rules.

Recent Efforts

*See* Part 90 -- Private Land Mobile Radio Services "Recent Efforts"
discussion, *supra*.

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

part 90, Subpart G -- Applications and authorizations

Description

Part 90, subpart G[^256] supplements subpart F of Part 1 of the
Commission's Rules which establishes the requirements and conditions
under which commercial and private radio stations may be licensed and
used in the Wireless Telecommunications Services.

In general, the rules in subpart G: (1) establish application
requirements; (2) define the license term; (3) establish licensing
procedures; and (4) define certain permissible preauthorization
activities (*e.g.*, conditional authorization, and construction prior to
grant of an application.)

Purpose

The purposes of the subpart G rules are to establish basic rules for the
preparation, submission, and evaluation of applications to operate in
the Wireless Telecommunications Services.

Analysis

Status of Competition

See Part 90 -- Private Land Mobile Radio Services "Status of
Competition" discussion, *supra*.

Advantages

The subpart G rules provide a clear, predictable structure for the
preparation, submission and evaluation of applications.

Disadvantages

The subpart G rules impose limited administrative and technical burdens
that are inherent to the licensing process and necessary for compliance
with technical and operational rules.

Recent Efforts

*See* Part 90 -- Private Land Mobile Radio Services "Recent Efforts"
discussion, *supra*.

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

part 90, Subpart H -- policies governing assignment of frequencies

Description

Part 90, subpart H provides detailed information concerning the policies
under which the Commission assigns frequencies for the use of Part 90
licensees, frequency coordination requirements and procedures, and
certain procedures under which licensees may cooperatively share radio
facilities.[^257]

Purpose

The purposes of the subpart H rules are to establish basic ground rules
for assignment of spectrum in Part 90, including requirements regarding
frequency coordination and cooperative sharing of spectrum by various
licensees. Frequency coordination is performed by a private-sector
entity or organization certified to recommend the most appropriate
frequency for use by applicants and licensees in the private land mobile
radio services (PLMRS). This helps to ensure that the Commission
maximizes the efficient use of available spectrum, which is generally
shared spectrum, for the benefit of all members of the public while
mitigating the demand for Commission resources posed by the increasingly
complex and growing numbers of applications for PLMRS frequencies.

Analysis

Status of Competition

See Part 90 -- Private Land Mobile Radio Services "Recent Efforts"
discussion, *supra*.

Advantages

The subpart H rules provide a clear, predictable structure for the
assignment and use of spectrum. Site-specific licensing and frequency
coordination are used to promote efficient spectrum use.

Disadvantages

The subpart H rules impose limited administrative burdens, for example,
frequency coordination, that are inherent to the licensing process and
necessary to ensure efficient spectrum allocation and use, as well as
compliance with technical and operational rules.

Recent Efforts

On July 22, 2005, the Commission adopted a *Report and Order and Further
Notice of Proposed Rule Making* that streamlines and harmonizes the Part
1, 22, 24, 27, and 90 rules to clarify spectrum rights and obligations
and optimize flexibility for wireless service licensees.[^258] For
example, the Commission relaxed the rules to classify the deletion of
frequencies and transmitter sites from a multi-site authorization under
Part 90 as a minor modification.

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

part 90, Subpart I --general technical standards

Description

Part 90, subpart I establishes the general technical requirements for
the use of frequencies and equipment in the Part 90 radio
services.[^259] In general, the rules in subpart I: (1) establish
equipment certification procedures; and (2) set standards for frequency
tolerance, modulation, emissions, power, and bandwidths.

Purpose

The purpose of the subpart I rules is to establish basic technical rules
governing operation of radio stations authorized under Part 90.

Analysis

Status of Competition

*See* Part 90 -- Private Land Mobile Radio Services "Status of
Competition" discussion, *supra*.

Advantages

The subpart I rules provide a clear structure for technical operations
in the Part 90 frequencies.

Disadvantages

The subpart I rules impose limited technical burdens intended to ensure
compliance with operational rules and necessary for compliance with
technical and operational rules.

Recent Efforts

In the *Streamlining and Harmonization Report and Order*,[^260] the
Commission adopted its proposal to conform the section 90.210 Emission
Mask "G" to a modulation-independent mask that places no limitation on
the spectral power density profile within the maximum authorized
bandwidth.

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

part 90, Subpart L -- Regulations for Authorization and Use of
Frequencies in the 470-512 MHz Band

Description

Part 90, subpart L governs the authorization and use of the 470-512 MHz
band by both commercial and private land mobile stations.[^261] This
band is shared with television channels 14-20 and certain Part 22 radio
services.[^262] In the *Second Report and Order* in the Refarming
proceeding, the Commission authorized centralized trunking in the
470-512 MHz band if a licensee has an exclusive service area or obtains
consent from all co-channel and adjacent channel licensees and frequency
coordination is obtained. [^263] In 1997, the Commission created a
General Access Pool to permit greater flexibility and foster more
effective and efficient use of the 470-512 MHz band. Under current
rules, all unassigned channels, including those that subsequently become
unassigned, are considered to be in the General Access Pool and are
available to all eligible licensees on a first-come, first-served basis.
If a channel is assigned in an urbanized area, however, subsequent
authorizations on that channel will only be granted to users from the
same category.[^264]

In general, the rules in subpart L: (1) specify the frequencies
available for assignment in the 470-512 MHz band; (2) define the
location of stations and service area of licenses in each frequency
block; (3) establish maximum loading requirements for licensees; and (4)
define technical limits on operation (*e.g.*, antenna height,
transmitter power) to prevent interference. In accordance with these
rules, new applicants may apply for only one channel at a time.[^265]
Licensees are required to show that any assigned channels in this band
in a particular urbanized area are at full capacity before they can be
assigned additional 470-512 MHz channels in that area.[^266]

The rules in this subpart also specify the minimum allowable distance
between co-channel stations.[^267] For purposes of loading requirements,
licensees in the 470-512 MHz band are divided into two groups: the
Public Safety Pool and the Industrial/Business Pool.[^268] After loading
a channel to full capacity, a licensee may apply for another
channel.[^269] Current licensees may use existing loading to satisfy
this requirement and apply for more than one channel at one time.
Licensees that are operating above full capacity may use those units to
qualify for additional channels.

Purpose

The purposes of the subpart L rules are to establish basic ground rules
for assignment of spectrum in the 470-512 MHz service, to ensure
efficient spectrum use by licensees, and to prevent interference with
television channels 14-20.

Analysis

Status of Competition

Because land mobile use of the 470-512 MHz band is limited by the
sharing of the band with broadcast channels 14-20 and certain Part 22
services, service in the band has been narrowly geared to industrial and
public safety use in a limited number of urban locations. Demand for
these channels to provide commercial services to consumers has been
small.

Advantages

The subpart L rules provide a clear, predictable structure for the
assignment and use of spectrum. Site-specific licensing and frequency
coordination are used to promote efficient spectrum use.

Disadvantages

The subpart L rules impose limited administrative and technical burdens
that are inherent to the licensing process and necessary for compliance
with technical and operational rules. Because the band is shared with
television broadcast stations, the technical burden imposed on licensees
to prevent interference with co-channel operations is somewhat greater
than in other bands allocated exclusively to wireless services.

Recent Efforts

*See* Part 90 -- Private Land Mobile Radio Services "Recent Efforts"
discussion, *supra*.

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, we do not find that, other
than consideration of further narrowbanding already pending in WT Docket
No. 99-87, this rule subpart is "no longer necessary in the public
interest as the result of meaningful economic competition between
providers of such \[telecommunications\] service." We recommend that the
Commission determine in WT Docket No. 99-87 whether the rules at issue
in that proceeding are necessary in the public interest and to repeal or
modify any rule so that it is in the public interest. Other than that,
the staff recommends that neither modification nor repeal of these rules
is warranted. However, it will continue to be receptive to further
careful examination of these rules for potential repeal or modification
in the future.

part 90, Subpart M -- Intelligent Transportation Systems Radio Service
(ITS)

Description

Part 90, subpart M of the Commission's rules contains licensing,
technical, and operational rules for the Intelligent Transportation
Systems (ITS) radio service. ITS radio service consists of two
sub-categories: (1) Location and Monitoring Service (LMS) and (2)
Dedicated Short Range Communications Service (DSRCS).[^270] There are
two types of LMS systems: multilateration systems (M-LMS) and
non-multilateration systems. Multilateration systems track and locate
objects over a wide geographic area (*e.g.*, tracking a bus fleet) by
measuring the difference in time of arrival, or difference in phase, of
signals transmitted from a unit to a number of fixed points, or from a
number of fixed points to the unit that is to be located. The Commission
uses exclusive licensing to issue M-LMS licenses on a geographic area
basis.[^271] Non-multilateration systems transmit data to and from
objects passing through particular locations (*e.g.*, automated tolls,
monitoring of railway cars). Non-multilateration LMS is licensed on a
non-exclusive basis using site-by-site licensing.[^272]

Purpose

The purpose of Part 90, subpart M is to integrate radio-based
technologies into the nation's transportation infrastructure. In
developing the nation's intelligent transportation systems, these rules
provide a regulatory framework that allows entities to deploy
radio-based devices and systems effectively to enhance safety of life
and protection of property on the nation's highways, railways and other
transportation corridors, without causing harmful interference to other
radio services.

Analysis

Status of Competition

As indicated below, the M-LMS service is currently subject to a rule
making proceeding to explore whether the service can be put to greater
use. The majority of the licensees in the band have requested and been
granted extensions of time to meet performance requirement due to
equipment challenges in the band. Regarding DSRCS operations, the
Commission began accepting applications to provide DSRCS service on
October 1, 2004. Upon authorization by the Commission, service may
commence immediately.

Advantages

A re-examination of the Part 90 rules for M-LMS is now in process
through WT Docket No. 06-49.

Disadvantages

A re-examination of the Part 90 rules for M-LMS is now in process
through WT Docket No. 06-49.

Recent Efforts

On March 1, 2006, the Commission adopted a *Notice of Proposed
Rulemaking* as part of its reexamination of the regulations governing
the licensing and use of the 14 megahertz of M-LMS spectrum (*i.e.*,
904-909.75 MHz and 919.75-928 MHz) in the 902-928 MHz Band that is
shared with users of Part 15 unlicensed devices. The purpose of its
reexamination of M-LMS is to determine whether new approaches could
produce more efficient and effective use of the 904-909.75 MHz and
919.75-928 MHz spectrum band by M-LMS licensees while ensuring that any
changes would continue to protect federal and other licensed users, and
also avoid any significant increase in interference to unlicensed users
in this band. The record in the M-LMS proceeding (WT Docket No. 06-49)
has closed. Comments were filed on May 30, 2006, and reply comments were
filed on June 30, 2006.

In July 2006, the Commission adopted a *Memorandum Opinion and Order* to
address reconsideration petitions to the *Report and Order*.[^273] In
this action, the Commission designated Channel 172 (frequencies
5.855-5.865 GHz) exclusively for vehicle-to-vehicle safety
communications for accident avoidance and mitigation, and safety of life
and property applications; and designated Channel 184 (frequencies
5.915-5.925 GHz) exclusively for high-power, longer-distance
communications to be used for public safety applications involving
safety of life and property, including road intersection collision
mitigation. Further, the rules were amended to require licensees to file
a notice of construction with the Commission for each site registered
and to clarify that site priority attaches to prior registered sites
that have been fully constructed within the requisite twelve-month
construction period. Additionally, the power reduction rule was amended
to apply only to DSRC Roadside Unit antenna heights between eight and
fifteen meters, thereby providing increased flexibility and reduced
implementation costs.

Comments

No comments were filed with respect to this subpart.

Recommendation

A re-examination of the rules for the M-LMS service is now in progress
through WT Docket No. 06-49. We recommend that the Commission determine
in that proceeding whether the rules are necessary in the public
interest and, if they are not, to repeal or modify any rule so that it
is in the public interest. The staff does not recommend any change
regarding the rules for DSCRS operations because these rules were only
recently promulgated and they remain necessary in the public interest.

part 90, subpart N -- operating requirements

Description

Part 90, subpart N sets forth general operating requirements for
stations operating Part 90 regulated radio stations.[^274]

Purpose

The purpose of the subpart N rules is to establish general rules
governing station operating procedures, points of communication,
permissible communications, methods of station identification, control
requirements, and station record keeping requirements for Part 90 radio
stations.

Analysis

Status of Competition

See Part 90 -- Private Land Mobile Radio Services "Recent Efforts"
discussion, *supra*.

Advantages

The subpart N rules provide a clear structure for the operation of part
90 regulated radio stations.

Disadvantages

The subpart N rules impose limited administrative and technical burdens
inherent to compliance with operational rules and necessary for
compliance with technical and operational rules.

Recent Efforts

*See* Part 90 -- Private Land Mobile Radio Services "Recent Efforts"
discussion, *supra*.

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

Part 90, Subpart P − Paging Operations in the 929 MHz Band

Description

Part 90, subpart P contains licensing, technical, and operational rules
for paging operations in the 929 MHz Band.[^275] This rule part includes
services such as commercial paging and private carrier paging (PCP).
Licensees may operate on exclusive channels or designated shared
channels on a CMRS or PMRS basis.

In general, the rules in this subpart (1) specify the exclusive channels
and shared channels; and (2) define technical limits on operation
(*e.g.*, antenna height, transmitter power) to prevent interference. For
paging operations on exclusive channels, the licensees are subject to
Part 22 of the Commission's rules regarding the Paging and
Radiotelephone Service.

The Commission has made significant changes to its Part 90, subpart P
rules in recent years. In the mid-1990s, the Commission converted the
authorization of stations in the 929 MHz Band from the original
site-by-site procedure to a geographic area licensing process. The
*Second Report and Order* established geographic area licensing for 929
MHz paging and adopted competitive bidding procedures.[^276] The *Third
Report and Order* changed the geographic area licensing of 929 MHz
paging from MTAs to MEAs, clarified that spectrum will automatically
revert to the geographic area licensee in all instances in which a
non-geographic area incumbent licensee permanently discontinues service,
and allowed geographic area licensees to partition their licenses and
disaggregate the spectrum.[^277] The Commission auctioned geographic
licenses for the exclusive channels in the 929 MHz band.[^278]
Furthermore, the Part 22 Rules regarding paging now apply to all 929 MHz
licensees on exclusive channels and, in 1999, the application filing
rules were moved from this subpart to Part 1 in connection with
implementation of electronic filing procedures and the Universal
Licensing System.

Purpose

The purposes of the Part 90, subpart P rules are to establish basic
ground rules for assignment and use of exclusive or shared channels in
the 929 MHz Band and to prevent interference.

Analysis

Status of Competition

PCP stations governed by subpart C compete directly with Part 22
commercial paging services and with Part 24 narrowband PCS, and they
compete indirectly with other CMRS. The *Eleventh CMRS Competition
Report* notes that paging carriers continue to experience a decline in
overall subscribers with a total of 8.3 million paging units in service
as of the end of 2005, down from 11.2 million units at the end of 2003
(*e.g., the 2004 Biennial Review Staff Report*).[^279]

Advantages

The Part 90, subpart P rules provide a clear, predictable structure for
the assignment and use of spectrum. In Part 90, subpart P, frequency
bands that are licensed on an exclusive basis are subject to competitive
bidding. The shared channels are available to all eligible entities.

Disadvantages

The Part 90, subpart P rules impose limited administrative and technical
burdens that are inherent to the licensing process and necessary for
compliance with technical and operational rules.

Recent Efforts

*See* Part 90 -- Private Land Mobile Radio Services "Recent Efforts"
discussion, *supra*.

**Comments**

No comments were filed with respect to this subpart.

Recommendation

The Part 90, subpart P rules concern licensing, technical, and
operational rules, such as technical and operational standards and
interference-related issues among Part 90 licensees as well as licensees
in adjacent services. We do not find that these Part 90 rules are "no
longer necessary in the public interest as the result of meaningful
economic competition between providers of such \[telecommunications\]
service."

part 90, Subparts S, U, and V -- Regulations for Licensing and Use of
Frequencies in the 800 and 900 MHz Bands and Competitive Bidding
Procedures

Description

Subpart S contains licensing, technical, and operational rules for the
800 MHz and 900 MHz Specialized Mobile Radio (SMR) services, as well as
non-commercial services above 800 MHz, *i.e.*, public safety services
and services that are used by utilities, transportation companies, and
other businesses for internal purposes.[^280] With the passage of the
Omnibus Budget Reconciliation Act (OBRA), Congress reclassified certain
800 MHz and 900 MHz SMR services as CMRS, and required all CMRS
providers to be regulated as common carriers.[^281]

In general, the rules in subpart S: (1) specify the frequency bands in
which each service operates; (2) define the service area of licenses in
each frequency band; (3) establish minimum construction or coverage
requirements for licensees; and (4) define technical limits on operation
(*e.g.*, antenna height, transmitter power) to prevent interference.
This subpart provides for geographic licensing of these bands.

Subparts U and V[^282] contain competitive bidding rules and procedures
for the 900 MHz SMR and 800 MHz SMR services, respectively. The rules in
these subparts: (1) identify the licenses to be sold by competitive
bidding; (2) establish the competitive bidding mechanisms to be used in
800 and 900 MHz SMR auctions; (3) establish application, disclosure, and
certification procedures for short- and long-form applications; (4)
specify down payment, withdrawal, and default mechanisms; (5) provide
definitions of gross revenues for designated entities and specify the
bidding credits for which designated entities qualify; and (6) provide
eligibility and technical requirements for partitioning and
disaggregation.

Purpose

The purposes of the subpart S rules are to establish basic ground rules
for the assignment of spectrum to the affected SMR and private wireless
licensees, to ensure efficient spectrum use by licensees, and to prevent
interference. The competitive bidding rules of subparts U and V ensure
access to new telecommunications offerings by ensuring that market
forces guide the allocation of licenses so that all customer segments
are served with the greatest economic efficiency. Additionally, the
designated entity provisions of the competitive bidding rules are
intended to provide opportunities for small businesses to participate in
the provision of telecommunications services.

Analysis

Status of Competition

As detailed in the *Eleventh CMRS Competition Report*, CMRS providers,
including Part 90 SMR providers, operate in an environment that is
marked by increased competition, innovation, lower prices for consumers,
and increased diversity of service offerings.[^283] Some of the larger
SMR carriers, particularly Nextel and Southern, provide digital
wide-area voice services that compete with cellular and broadband PCS.
Other SMR carriers provide more traditional dispatch service on a local
or regional basis. Although SMR channels have been used primarily for
voice communications, systems have also been developed to carry data and
facsimile services. Additionally, new digital SMR technology is leading
to the development of new features and services, such as two-way
acknowledgment paging, teleconferencing, and voicemail.

Advantages

The subpart S rules provide a clear and predictable structure for the
assignment and use of SMR spectrum, and afford substantial flexibility
to licensees to choose the type of service they will provide based on
market demand. The subparts U and V auction rules promote efficient
licensing of SMR spectrum to those entities that value it the most.

Disadvantages

There continue to be differences between the licensing, technical, and
operational rules that apply to grandfathered site-based SMR licenses
and those that apply to geographic area licenses. This multiplicity of
rules is potentially burdensome to SMR licensees who have both
geographic and site-based systems, which may result in inconsistent
regulatory obligations (*e.g*., build-out requirements) for different
portions of their systems.

Recent Efforts

The Commission adopted technical and procedural measures to address the
problem of interference to public safety communications in the 800 MHz
band.[^284]

On July 22, 2005, the Commission adopted rules in the *Streamlining and
Harmonization Report and Order*[^285] that: eliminated the Section
90.607(a) requirement to file certain outdated supplemental information;
eliminated the loading requirement and references to the "waiting list"
in Section 90.631(d) of the rules; eliminated Section 90.631(i);
modified Section 90.635 of the rules to remove the distinction between
urban and suburban sites when setting the maximum power and antenna
heights limits for conventional 800 MHz and 900 MHz systems; and
eliminated the power limitations on systems with operational radius of
less than 32 kilometers.

The 900 MHz SMR auction (Auction No. 55) concluded on February 25, 2004,
after five applicants placed winning bids on 55 900 MHz licenses.[^286]

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 90, subpart S rules involved in this proceeding are procedural,
technical and operational in nature, and ensure interference protection
among SMR service licensees, as well as non-commercial services above
800 MHz (*i.e.*, public safety and private wireless services) licensees
and licensees in adjacent services. In addition, the Part 90, subparts U
and V rules contain competitive bidding procedures for the 900 MHz and
800 MHz SMR services. We do not find that these Part 90 rules are "no
longer necessary in the public interest as the result of meaningful
economic competition between providers of such \[telecommunications\]
service."

part 90, Subparts T and W -- Regulations for Licensing and Use of
Frequencies in the 220-222 MHz Band and Competitive Bidding Procedures

Description

Part 90, subpart T contains licensing, technical, and operational rules
for the 220-222 MHz (220 MHz) service.[^287] In general, the rules in
this part: (1) define the service area of 220 MHz licenses; (2) specify
the permissible operations for authorized systems; (3) specify the
frequencies available to 220 MHz licensees; (4) establish license terms;
(5) establish the minimum construction or coverage requirements for 220
MHz licensees; and (6) define technical limits on operation to prevent
interference.

Part 90, subpart W contains competitive bidding rules and procedures for
commercial licenses in the 220 MHz service.[^288] The rules in this
subpart: (1) specify which 220 MHz licenses are eligible for competitive
bidding; (2) establish the competitive bidding mechanisms to be used in
220 MHz auctions; (3) establish application, disclosure, and
certification procedures for short- and long-form applications; and (4)
specify down payment, withdrawal, and default mechanisms.

In several orders, the Commission has taken steps to reduce regulatory
burdens and afford greater flexibility to 220 MHz licensees. For
example, the original 220 MHz rules required licensees to provide
two-way land mobile service on a primary basis, and allowed use of the
band for fixed services or for paging only on an "ancillary" basis. In
the 1997 *220 MHz Third Report and Order*, the Commission eliminated the
ancillary use limitation, thus allowing licensees to provide any or all
of these services on a co-primary basis.[^289] The Commission has also
adopted rules permitting partitioning and disaggregation of 220 MHz
licenses, and has eliminated the "40-mile rule" that previously limited
the number of site-based licenses that an individual licensee could hold
in a given geographic area.[^290] Finally, in 1998 the Commission
eliminated mandatory spectrum efficiency standards that had previously
been adopted for provision of voice and data over 220 MHz systems that
combined contiguous 5 kHz channels.[^291] The Commission concluded that
mandating technical standards was unnecessary because market forces
would spur efficient spectrum use, and that retaining mandatory
standards could impair rather than encourage technical innovation.[^292]

Purpose

The purposes of the subparts T and W rules are to facilitate the
assignment of spectrum in the 220 MHz service, to ensure efficient
spectrum use by licensees, and to prevent interference through
establishment of technical limits on operation (*e.g.*, siting
requirements and limits on transmitter power).

Analysis

Status of Competition

Licensees in the 220 MHz service are permitted to provide voice, data,
paging, and fixed communications. Although the 220 MHz band has narrow
channelization and equipment availability for voice operations continues
to be a problem for existing licensees, there is potential for the 220
MHz service to be increasingly competitive and to contribute to
inter-service CMRS competition. Many 220 MHz licensees have begun to
deploy their networks for a variety of applications including telemetry
and power utility applications.

Advantages

The subpart T rules provide a clear and predictable structure for the
assignment and use of 220-222 MHz band spectrum, and afford substantial
flexibility to licensees to choose the type of service they will provide
based on market demand. The subpart W auction rules promote efficient
licensing of 220 MHz spectrum.

Disadvantages

Although the Commission has simplified and streamlined the 220 MHz rules
in many respects (see below), there continue to be differences among the
licensing, technical, and operational rules that apply to grandfathered
site-based licenses and those that apply to geographic area licenses.
This multiplicity of rules is potentially burdensome to 220 MHz
licensees who have systems comprised of both types of licenses, which
may result in inconsistent regulatory obligations (*e.g.*, build-out
requirements) for different portions of their systems.

Recent Efforts

On July 22, 2005, the Commission adopted its *Streamlining and
Harmonization Report and Order* that eliminated section 90.737, which
required the filing of supplemental progress reports for 220 MHz Phase I
licensees.[^293]

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 90, subpart T rules set forth technical and operational
standards, and protect against interference among 220 MHz service
licensees, as well licensees in adjacent services. In addition, the Part
90, subpart W rules contain competitive bidding procedures for the 220
MHz service. We do not find that these Part 90 rules are "no longer
necessary in the public interest as the result of meaningful economic
competition between providers of such \[telecommunications\] service."

part 90, subpart Z -- Wireless broadband services in the 3650-3700 mhz
band

Description

Part 90, subpart Z sets out the regulations governing wireless
operations in the 3650-3700 MHz band. It includes licensing
requirements, and specific operational and technical standards for
wireless operations in the band. The rules in this subpart are to be
read in conjunction with the applicable requirements contained elsewhere
in the Commission's rules; however, in case of conflict, the provisions
of this subpart shall govern with respect to licensing and operation in
this band.

Purpose

The purpose of the subpart Z rules is to provide a streamlined licensing
mechanism for the 3650-3700 MHz band that will encourage multiple new
entrants and stimulate the rapid expansion of wireless broadband
services \-- especially in rural America. The Commission's rules for
this band also provided an opportunity for the introduction of a variety
of new wireless broadband technologies into the band.

Analysis

Status of Competition

While the Commission has adopted licensing and operating rules for
terrestrial operations in this band, the Part 90, subpart Z licensing
issuance process has not started. Under the licensing provisions that
the Commission adopted, there is no limit on the number of licenses that
can be granted, and each licensee is authorized to operate on a shared
basis with other licensees on all 50 megahertz of the band, subject to
certain restrictions to protect grandfathered operations in the band.
All stations operating in this band must employ a contention based
protocol (as defined in § 90.7). Licensees are required to register all
fixed and base stations electronically with the Commission.

Advantages

The subpart Z rules provide a clear structure for acquiring a license to
provide terrestrial services in the 3650-3700 MHz band and the subpart
contains only minimal regulatory requirements. There are no eligibility
restrictions (other than the statutory foreign ownership restrictions)
and no in-band or out-of-band spectrum aggregation limits. In addition,
there is no limit on the number of licenses that can be granted.
Petitions for reconsideration of the rules adopted in WT Docket No.
05-96 are pending.

Disadvantages

The subpart Z rules impose limited administrative and technical burdens
that are inherent to the licensing process and necessary for compliance
with technical and operational rules to facilitate non-exclusive use of
the 3650-3700 MHz band. Petitions for reconsideration of the rules
adopted in WT Docket No. 05-96 are pending.

Recent Efforts

In March 2005, the Commission adopted a *Report and Order* that set
forth licensing and service provisions for terrestrial operations in the
3650-3700 MHz band. Specifically, the Commission adopted rules for
non-exclusive, nationwide licensing of terrestrial operations utilizing
contention-based technologies in the band.[^294]

Comments

No comments were filed with respect to this subpart.

Recommendation

Petitions for reconsideration of the rules adopted in the *Report and
Order* are pending before the Commission. We recommend that the
Commission determine as part of its reconsideration proceeding whether
the rules are necessary in the public interest and, if they are not, to
repeal or modify any rule so that it is in the public interest. To the
extent that the rules are not the subject of reconsideration petitions,
the Bureau finds that these rules remain necessary in the public
interest.

Part 95, Subpart F -- 218-219 MHz Service

Description

For purposes of the Biennial Regulatory Review, the analysis of Part 95
in this report focuses on the 218-219 MHz Service (subpart F), which is
unique among the Personal Radio Services in that it may be used for
commercial applications, is licensed on a geographic exclusive-use
basis, and is subject to the Commission's competitive bidding
procedures. Part 95[^295] contains licensing, technical, and operational
rules for the Personal Radio Services, a collection of wireless services
that are generally used by individuals for personal communications and
to support the radio needs of their activities and interests.

Subpart F was originally created to support the Interactive Video and
Data Service (IVDS), a short-distance communications service by which
licensees could provide information, products, or services to, and allow
interactive responses from, subscribers within the licensees' service
area. In 1998, the Commission renamed IVDS the 218-219 MHz Service and
revised subpart F to allow 218-219 MHz licensees greater flexibility to
identify and structure services in response to market demand.[^296]
Under the current service rules, both common carrier and private
operations are permitted, and both one- and two-way communications are
allowed.

The licensing and technical rules for the 218-219 MHz Service are
contained in subpart F, although certain rules that are broadly
applicable to all wireless telecommunications services (including the
218-219 MHz Service) have been consolidated in Part 1.[^297]

Purpose

The rules are intended to provide licensees with maximum flexibility to
structure their services, while protecting over-the-air television
reception of TV Channel 13.

Analysis

Status of Competition

The original IVDS service was generally not commercially successful, and
little or no competition emerged to use the 218-219 MHz band to provide
interactive television applications. Under the revised service rules,
218-219 MHz Service licensees have proposed wireless data applications
such as meter reading and vehicle tracking services. Accordingly, the
expectation is that the 218-219 MHz Service could soon provide sources
of competition for other wireless services. However, competition is
developing slowly, due in part to (1) the limited permissible use of the
service before its restructuring; (2) the fact that many 218-219 MHz
Service markets are not currently licensed due to payment defaults; and
(3) the ongoing implementation of the service restructuring.

Advantages

The Part 95, subpart F rules provide licensees with the flexibility to
identify and implement services in response to market demand. For
example, the technical rules have general interference protection
requirements, and there is a substantial service requirement.

Disadvantages

The rules impose limited administrative and technical burdens that are
inherent to the licensing process and necessary for compliance with
technical and operational rules.

Recent Efforts

None.

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 95, subpart F rules concern licensing, technical, and
operational rules, such as technical and operational standards and
interference-related issues among 218-219 MHz service licensees as well
as licensees in adjacent services. We do not find that these Part 95
rules are "no longer necessary in the public interest as the result of
meaningful economic competition between providers of such
\[telecommunications\] service."

Part 101 -- Fixed Microwave Services

Description

Part 101 contains licensing, technical, and operational rules for many
private and common carrier microwave services. Fixed microwave spectrum
is primarily used to deliver video, audio, data, and control functions
for other specific communications services from one point and/or hub to
other points and/or subscribers for distribution. [^298] Most Part 101
application processing rules, technical standards, and operational
requirements apply to all Part 101 services, but others apply only to
specific services,[^299] or to common carrier services, but not to
private services (or vice versa).[^300]

Part 101 was created in 1996 through consolidation of the rules for the
common carrier and private operational fixed (POFS) microwave services
contained in Parts 21 and 94.[^301]

Part 101 contains 17 lettered subparts:

A -- General

> B -- Applications and Licenses
>
> C -- Technical Standards
>
> D -- Operational Requirements
>
> E -- Miscellaneous Common Carrier Provisions

F -- Developmental Authorizations

> G -- 24 GHz Service and Digital Electronic Message Service

H -- Private Operational Fixed Point-to-Point Microwave Service

I -- Common Carrier Fixed Point-to-Point Microwave Service

> J -- Local Television Transmission Service
>
> K -- \[Reserved\]
>
> L -- Local Multipoint Distribution Service
>
> M -- Competitive Bidding Procedures for LMDS

N -- Competitive Bidding Procedures for the 38.6-40.0 GHz Band

O -- Multiple Address Systems\
P -- Multichannel Video Distribution and Data Service Rules for the
12.2- 12.7 GHz Band\
Q -- Service and Technical Rules for the 70/80/90 GHz Bands

Purpose

The Part 101 rules are intended to reduce or eliminate the differences
in application processing between common carriers and private
operational fixed microwave service licensees, and to further the
regulatory parity among these microwave services.[^302]

Analysis

Status of Competition

Because the Part 101 microwave services encompass a variety of private
and common carrier applications, and because some services are licensed
on a point-to-point basis while others are licensed geographically, the
level of competition varies greatly among individual microwave services.

The largest commercial deployment of Part 101 microwave services has
occurred in the 4 GHz and 6 GHz bands due to the propagation
characteristics of these bands. These bands are licensed on a case by
case basis. The 24 GHz, 28 GHz (LMDS), and 39 GHz bands were primarily
licensed by auction. The licensees in these bands have the potential to
create facilities-based competition in numerous industries, including
high-speed broadband services. In other Part 101 services, licensees
continue to rely on traditional point-to-point microwave systems to meet
their operational support and critical infrastructure needs, as opposed
to using microwave technologies to access customers directly. In the
future, commercial deployment may occur at 12.2-12.7 GHz (MVDDS) and at
70/80/90 GHz because the Commission began licensing these new services
in mid-2004.[^303]

Advantages

The Part 101 rules provide for a unified regulatory approach for the
microwave services, and eliminate many of the differences in processing
applications between common carriers and POFS licensees that existed in
the former rules. Because each of the microwave services shares at least
some frequencies with other microwave services, and because some
frequencies are shared with government users, the rules minimize
repetition, reduce the potential for harmful interference, and aid
microwave users in efficient use of the microwave spectrum.

Part 101 also contains competitive bidding rules (Subparts M and N)
that, in conjunction with our spectrum allocation rules, promote
economic growth and enhance access to telecommunications service
offerings for consumers, producers, and new entrants. The competitive
bidding rules are structured to promote opportunity and competition. In
contrast to lotteries and comparative hearings, auctions are faster,
more efficient, and more likely to get spectrum to entities that value
it the most. Through these rules, the Commission has recovered a portion
of the value of the public spectrum.

Disadvantages

The Part 101 rules impose limited administrative and technical burdens
inherent to the licensing process necessary for compliance with the
technical and operational rules.

Recent Efforts

In 2006, the Commission provided for additional sizes of channels in the
17.7-19.7 GHz band in order to increase spectrum use and to accommodate
licensees who need to relocate facilities from the 18.3-19.3 GHz
band.[^304]

In 2004, the Commission amended section 101.31(b)(1)(v) to permit Part
101 applicants to initiate conditional operation after they have
obtained consent of the Quiet Zone entity.[^305] The Commission also
initiated a rulemaking to propose rules for fixed, point-to-point
microwave service in the 37-38.6 GHz and 42.0-42.5 GHz frequency bands
and to modify certain rules in the 38.6-40.0 GHz frequency band.[^306]
Also in 2004, the Commission released the *Third Order on
Reconsideration* rejecting a petition for reconsideration filed by
Independent MultiFamily Communications Council of the *18 GHz Second
Order on Reconsideration*.[^307] In that Order, the Commission altered
the 18 GHz band plan by, among other things: (1) reallocating the
18.3-18.58 GHz band on a primary basis for fixed-satellite service
(\"FSS\"), and (2) adopting provisions to ensure the orderly migration
and timely reimbursement of terrestrial fixed service (\"FS\")
incumbents in the 18.3-18.58 GHz band.[^308] Additional recent efforts
are discussed under the relevant subpart, *infra*.

The 24 GHz auction (Auction No. 56) concluded on July 28, 2004, after
three applicants placed winning bids on seven 24 GHz licenses.[^309]

The Commission concluded the second MVDDS auction (Auction No. 63) on
December 7, 2005 after 3 bidders won 22 licenses.[^310]

Comments

No comments were received with respect to this rule part.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

As a general matter, the need and purposes for the Part 101 rules
concerned with licensing procedures and technical and operational
standards, which protect against interference among Part 101 licensees
as well as licensees in adjacent services, are not directly affected by
competitive developments in the services that guide our Section 11
analysis. Accordingly, we do not find that these Part 101 rules are "no
longer necessary in the public interest as the result of meaningful
economic competition between providers of such \[telecommunications\]
service."

part 101, Subpart G -- 24 GHz Service and Digital Electronic Message
Service (DEMS)

Description

Part 101 contains licensing, technical, and operational rules for fixed
operational microwave services that require operating facilities on land
or in certain offshore coastal areas. Subpart G contains rules for the
24 GHz Service including competitive bidding procedures. The 24 GHz
Service is available for geographic licensing on either a common carrier
or private basis.

Purpose

The purpose of Part 101, subpart G is to establish the rules for
allocation and use of wireless services at 24 GHz, to ensure efficient
spectrum use, and to prevent harmful interference.

Analysis

Status of Competition

Entities hold incumbent site-based licenses that were relocated from the
18 GHz band. In addition, the Commission in 2004 offered 800 geographic
licenses at auction, and three bidders won seven licenses.

Advantages

The current rules provide a clear regulatory framework for the
development of competitive fixed wireless services. The existing
technical and operational rules are necessary for administration of a
radio service at 24 GHz. Through these rules, the Commission has
recovered a portion of the value of the public spectrum for the benefit
of the public.

Disadvantages

The Part 101 rules impose limited administrative and technical burdens
inherent to the licensing process and necessary for compliance with
technical and operational rules.

Recent Efforts

On July 28, 2004, the Commission completed an auction and issued
licenses in the 24.25-24.45 GHz and 25.05-25.25 GHz bands (24 GHz band)
("Auction No. 56"), raising (in net bids) a total of \$216,050.[^311] On
May 28, 2004, the Commission made corrections to subpart G to clarify
the service areas of 24 GHz licenses.[^312]

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

As a general matter, the need and purposes for the Part 101, subpart G
rules concerned with licensing procedures and technical and operational
standards, which protect against interference among Part 101 licensees
as well as licensees in adjacent services, are not directly affected by
competitive developments in the services that guide our Section 11
analysis. Accordingly, we do not find that these Part 101 rules are "no
longer necessary in the public interest as the result of meaningful
economic competition between providers of such \[telecommunications\]
service."

part 101, Subparts L and M -- Local Multipoint Distribution Service
(LMDS) and Competitive Bidding Procedures

Description

Part 101 contains licensing, technical, and operational rules for the
fixed microwave radio services. Local Multipoint Distribution Service
(LMDS) systems are fixed point-to-point or point-to-multipoint radio
systems that consist of hub and subscriber stations. [^313] LMDS
licensees may provide a variety of services, including high-speed data
and Internet services and multi-channel video programming
distribution.[^314]

Subpart L contains licensing, technical, and operational rules for LMDS.
In general, the rules in this part: (1) provide eligibility restrictions
in this service; (2) define the service areas of LMDS licenses; (3)
specify the permissible operations for authorized systems; (4) specify
the frequencies available to LMDS licensees; (5) establish license
terms; (6) establish the minimum construction or coverage requirements
for LMDS licensees; and (7) define system operations and permissible
communication services.

Subpart M contains competitive bidding rules and procedures for
commercial licenses in LMDS. In particular, the rules, on a
service-specific basis: (1) provide competitive bidding mechanisms and
design options; (2) establish application, disclosure, and certification
procedures for short- and long-form applications; (3) specify down
payment, unjust enrichment, withdrawal, and default mechanisms; (4)
provide definitions of gross revenues for designated entities and
specify the bidding credits for which designated entities qualify; and
(5) provide eligibility and technical requirements for partitioning and
disaggregation.

Purpose

The purpose of the Part 101 rules is to establish rules for assignment
of spectrum for private operational, common carrier, and LMDS fixed
microwave operations that require operating facilities on land or in
specified offshore coastal areas. Subpart L contains the basic licensing
and operational rules for LMDS. Subpart M helps to ensure access to new
telecommunications offerings by ensuring that all customer segments are
served, that there is not an excessive concentration of licenses, and
that small businesses, rural telephone companies, and businesses owned
by women and minorities will have genuine opportunities to participate
in the provision of service.

Analysis

Status of Competition

The initial LMDS operator no longer provides multi-channel video
programming distribution services and has announced plans to offer
high-speed data access on a portion of its original spectrum. The
remaining licenses were issued following auctions held in March 1998 and
April and May 1999. LMDS equipment is still subject to limited
availability, and the majority of licensees are still developing their
systems.[^315] LMDS will most likely compete with wireless and wireline
broadband service providers targeting small and medium-sized
businesses.[^316]

Advantages

The subpart L rules provide licensees with broad flexibility to identify
and implement services in response to market demand. The Commission
recently allowed LMDS eligibility restrictions for incumbent local
exchange carrier and cable companies to sunset;[^317] this development
should provide access to additional capital to develop LMDS fully, make
administration of LMDS consistent with other competitive services, and
aid the development of LMDS in rural markets.[^318]

The subpart M competitive bidding rules, in conjunction with our
spectrum allocation rules, promote economic growth and enhance access to
telecommunications service offerings for consumers, producers, and new
entrants. The competitive bidding rules of subpart M were structured to
promote opportunity and competition. This has resulted in the rapid
implementation of new and innovative services and the efficient use of
spectrum, thereby fostering economic growth. In contrast to other
licensing mechanisms such as lotteries and comparative hearings,
auctions are faster, more efficient, and more likely to get spectrum to
entities that value it the most. Through these rules, the Commission has
recovered a portion of the value of the public spectrum for the benefit
of the public.

Disadvantages

The subpart L rules impose administrative burdens inherent to the
licensing process and necessary for compliance with technical and
operational rules.

The auction rules in subpart M impose certain transaction costs on
auction participants (aside from the obligation on the winning bidder to
pay the amount bid). These auction-related costs may be somewhat higher
than the cost of filing a lottery application but are significantly less
than the cost of a comparative hearing.[^319] In addition, certain
aspects of the auctions process (*e.g.*, setting of minimum opening bid
amounts, bid increments, and bidding credit levels) still require
service-specific notice and comment prior to each individual auction.

Recent Efforts

None applicable.

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

As a general matter, the need and purposes for the Part 101, subpart L
rules concern licensing, technical, and operational rules, such as
technical and operational standards and interference-related issues
among LMDS licensees as well as licensees in adjacent services. In
addition, the Part 101, subpart M rules contain competitive bidding
procedures for the LMDS service. As such, the need and purposes for
these rules are not directly affected by competitive developments that
guide our Section 11 analysis. Accordingly, we do not find that these
Part 101 rules are "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service."

part 101, Subpart O -- Multiple Address Systems (Mas)

Description

Part 101 contains licensing, technical, and operational rules for the
fixed microwave radio services.[^320] Multiple Address Systems (MAS)
consist of 3.2 MHz of spectrum for fixed point-to-point or
point-to-multipoint radio systems located in the 900 MHz band and have
been primarily used by the power, petroleum, and security industries for
various alarm, control, interrogation, and status reporting
requirements, and by the paging industry for control of multiple paging
transmitters, licensed on other spectrum, in the same general geographic
area.

Subpart O also contains licensing, technical, and operational rules for
MAS. In general, the rules in this part: (1) provide eligibility
restrictions in this service; (2) define the service area of MAS
licenses; (3) specify the permissible operations for authorized systems;
(4) specify the frequencies available to MAS licensees; (5) establish
license terms; (6) establish the minimum construction or coverage
requirements for MAS licensees; and (7) define system operations and
permissible communication services.

MAS uses competitive bidding rules and procedures set forth in Part 1,
subpart Q.

Purpose

The purpose of the Part 101 rules is to establish rules for assignment
of spectrum for private internal services that require operating
facilities on land or in specified offshore coastal areas.

Analysis

Status of Competition

Competition in the MAS market has been slow to develop. In November
2001, the Commission held Auction No. 42, which offered 5104 licenses
for sale in the 932/941 MHz and 928/959 MHz MAS bands. Bidders only
purchased 878 of the available licenses.

Advantages

The subpart O rules provide licensees with broad flexibility to identify
and implement services in response to market demand. Use of competitive
bidding rules, in conjunction with our spectrum allocation rules,
promote economic growth and enhance access to telecommunications service
offerings for consumers, producers, and new entrants. This has resulted
in the rapid implementation of new and innovative services and the
efficient use of spectrum, thereby fostering economic growth. In
contrast to other licensing mechanisms such as lotteries and comparative
hearings, auctions are faster, more efficient, and more likely to get
spectrum to entities that value it the most. Through these rules, the
Commission has recovered a portion of the value of the public spectrum
for the benefit of the public.

Disadvantages

The MAS licensing rules impose administrative burdens inherent to the
licensing process and necessary for compliance with technical and
operational rules.

The auction rules in this subpart impose certain transaction costs on
auction participants (aside from the obligation on the winning bidder to
pay the amount bid). These auction-related costs may be somewhat higher
than the cost of filing a lottery application but significantly less
than the cost of a comparative hearing.[^321] In addition, certain
aspects of the auctions process (*e.g.*, setting of minimum opening bid
amounts, bid increments, and bidding credit levels) still require
service-specific notice and comment prior to each individual auction.

Recent Efforts

The Commission completed an auction (Auction No. 59) of MAS on May 18,
2005 in which 26 bidders won 2,223 licenses. Channels in the 928/959 MHz
and 932/941 MHz bands not already assigned in Auction 42 were auctioned
based on Economic Areas.

**Comments**

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

As a general matter, the need and purposes for the Part 101, subpart O
rules concern licensing, technical, and operational rules, such as
technical and operational standards and interference-related issues
among MAS licensees as well as licensees in adjacent services. As such,
the need and purposes for these rules are not directly affected by
competitive developments that guide our Section 11 analysis.
Accordingly, we do not find that these Part 101 rules are "no longer
necessary in the public interest as the result of meaningful economic
competition between providers of such \[telecommunications\] service."

Part 101, Subpart P -- Multichannel Video Distribution and Data Service
rules for the 12.2-12.7 GHz Band

Description

Part 101 contains licensing, technical, and operational rules for the
fixed microwave radio services.[^322] Multichannel Video Distribution
and Data Service (MVDDS) is a fixed microwave service licensed in the
12.2-12.7 GHz band that provides various wireless services, excluding
mobile and aeronautical operations.

Subpart P also contains licensing, technical, and operational rules for
MVDDS.[^323] In general, the rules in this part: (1) define the service
area of MVDDS licenses; (2) specify the broadcast carriage and
retransmission requirements for certain licensees; (3) specify the
amount of available spectrum to MVDDS licensees; (4) define the
available spectrum band and establish permissible terms of operation;
(5) establish terms for the treatment of incumbents; (6) define system
operations and permissible communication services; (7) define regulatory
status and eligibility; (8) establish MVDDS eligibility restrictions for
cable operators; and (9) establish other license terms, usage rules and
protection rules.

Purpose

The Part 101 rules are intended to reduce or eliminate the differences
in application processing between common carriers and private
operational fixed microwave service licensees, and to further the
regulatory parity among these microwave services. Subpart P establishes
terms of operation for MVDDS licensed services in the 12.2-12.7 GHz
band.

Analysis

Status of Competition

In establishing MVDDS, the Commission concluded that a fourth provider
in the MVPD marketplace would provide significant public interest
benefits through lower prices, improved service quality, increased
innovation, and increased service to unserved or underserved rural
areas.[^324] On January 27, 2004, the Commission completed the auction
of the 214 MVDDS licenses ("Auction No. 53"), raising (in net bids) a
total of \$118,721,835. In this auction, ten winning bidders won a total
of 192 MVDDS licenses, which the Commission issued later in 2004.[^325]
As of the third quarter 2006, MVDDS equipment is still under
development.

Advantages

The subpart P rules provide licensees with broad flexibility to identify
and implement services in response to market demand, subject to
interference rules to protect co-band satellite and other licensees. Use
of competitive bidding rules, in conjunction with our spectrum
allocation rules, promote economic growth and enhance access to
telecommunications service offerings for consumers, producers, and new
entrants. This has resulted in the rapid implementation of new and
innovative services and the efficient use of spectrum, thereby fostering
economic growth. In contrast to other licensing mechanisms such as
lotteries and comparative hearings, auctions are faster, more efficient,
and more likely to get spectrum to entities that value it the most.
Through these rules, the Commission has recovered a portion of the value
of the public spectrum for the benefit of the public.

Disadvantages

The MVDDS licensing rules impose administrative burdens inherent to the
licensing process and necessary for compliance with technical and
operational rules.

Recent Efforts

On January 27, 2004, the Commission completed the auction of the 214
MVDDS licenses ("Auction No. 53"), raising (in net bids) a total of
\$118,721,835. In this auction, ten winning bidders won a total of 192
MVDDS licenses, which the Commission issued later in 2004.[^326] On
December 7, 2005, the Commission completed an auction (auction No. 63)
in which bidders won the 22 remaining MVDDS licenses.

Comments

No comments were filed with respect to this subpart.

Recommendation

Pursuant to our Section 11 biennial review, staff does not find that
this rule subpart is "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service." The staff therefore recommends that
neither modification nor repeal of these rules is warranted. However, it
will continue to be receptive to further careful examination of these
rules for potential repeal or modification in the future.

As a general matter, the need and purposes for the Part 101, subpart P
rules concern licensing, technical, and operational rules, such as
technical and operational standards and interference-related issues
among MVDDS licensees as well as licensees in other services. In
addition, the Part 101, subpart P rules contain competitive bidding
procedures for the MVDDS service. As such, the need and purposes for
these rules are not directly affected by competitive developments that
guide our Section 11 analysis. Accordingly, we do not find that these
Part 101 rules are "no longer necessary in the public interest as the
result of meaningful economic competition between providers of such
\[telecommunications\] service."

part 101, Subpart Q -- service and technical rules for the 70/80/0 ghz
bands

Description

Part 101 contains licensing, technical, and operational rules for the
fixed microwave radio services.[^327] Subpart Q also contains licensing,
technical, and operational rules for the 70/80/90 GHz bands.

The 70/80/90 GHz bands are licensed to promote the private sector
development and use of the "millimeter wave" spectrum in the 71-76 GHz,
81-86 GHz and 92-95 GHz bands. In general, the rules in this part
provide a flexible and innovative regulatory framework for the 70/80/90
GHz bands that do not require traditional "Part 101" frequency
coordination among non-Federal Government users. Under this approach,
the Commission will issue an unlimited number of non-exclusive
nationwide licenses to non-Federal Government entities for the
12.9 gigahertz of spectrum allocated for commercial use. These licenses
serve as a prerequisite for registering individual point-to-point links.
The 70/80/90 GHz bands are allocated on a shared basis with Federal
Government users. Therefore, a licensee will not be authorized to
operate a link under its nationwide license until the link is both: (1)
coordinated with the National Telecommunications and Information
Administration (NTIA) with respect to Federal Government operations; and
(2) registered as an approved link with the Commission (interim process)
or third-party Database Manager (permanent process).

Purpose

The Part 101 rules are intended to reduce or eliminate the differences
in application processing between common carriers and private
operational fixed microwave service licensees, and to further the
regulatory parity among these microwave services. Subpart Q establishes
terms of operation for services in the 70/80/90 GHz band.

Analysis

Status of Competition

The licensing scheme for the 70/80/90 GHz service allows an unlimited
number of non-exclusive licenses with a requirement to register
individual links which are protected on a first-in-time basis. Since
June 21, 2004 when the Commission began issuing licenses in the service,
there have been twelve non-exclusive nationwide licenses issued. Those
licensees have registered approximately 70 point-to-point links.

Advantages

The subpart Q rules: (1) provide a flexible and streamlined regulatory
framework designed to encourage innovative uses of the spectrum; (2)
accommodate potential future developments in technology and equipment;
(3) promote competition in the communications services, equipment and
related markets; and (4) advance potential spectrum sharing between
non-Federal Government and Federal Government systems. In addition,
these rules encourage the use of technologies developed by our military
and scientific community in a broad range of new products and services,
such as high-speed wireless local area networks, and increase access to
broadband services, including access systems for the Internet.

Disadvantages

Subpart Q imposes some administrative burdens inherent to the licensing
process and necessary for compliance with technical and operational
rules.

Recent Efforts

On October 16, 2003, the Commission adopted a *Report and Order*
establishing service rules to promote non-Federal Government development
and use of the "millimeter wave" spectrum in the 71-76 GHz, 81-86 GHz
and 92-95 GHz bands[^328] on a shared basis with Federal Government
operations.[^329]

On May 26, 2004, the Wireless Telecommunications Bureau released a
public notice establishing a new licensing and interim link registration
program for licenses in the 71-76 GHz, 81-86 GHz, and 92-95 GHz
bands.[^330]

On September 29, 2004, the Commission designated three private entities
as database managers that will be tasked with jointly developing and
managing databases of link registrations by FCC licensees.[^331]

On February 24, 2005 the Commission adopted a *Memorandum Opinion and
Order,*[^332] which addressed a petition for reconsideration filed by
the Wireless Communications Association, Inc (WCA) requesting changes to
some of the technical rules adopted in the original *Report and Order*.

Comments

No comments were filed with respect to this subpart.

Recommendation

The Part 101, subpart Q rules concern licensing, technical, and
operational rules in the 70/80/90 GHz bands. As such, the need and
purposes for these rules are not directly affected by competitive
developments that guide our Section 11 analysis. Accordingly, we do not
find that these Part 101 rules are "no longer necessary in the public
interest as the result of meaningful economic competition between
providers of such \[telecommunications\] service."

[^1]: 47 U.S.C. § 161.

[^2]: *See* 2004 Biennial Regulatory Review, WT Docket No. 04-180,
    Wireless Telecommunications Bureau *Staff Report*, 20 FCC Rcd 124
    (WTB 2005) (*2004 Biennial Review Staff Report*).

[^3]: *See generally 2004 Biennial Review Staff Report.*

[^4]: *See* Appendix III.

[^5]: *See* "The Commission Seeks Public Comment in the 2006 Biennial
    Review of Telecommunications Regulations," *Attachment*, "Rule Parts
    Containing Regulations Administered by the Wireless
    Telecommunications Bureau (WTB), WT Docket No. 06-156, *Public
    Notice*, 21 FCC Rcd 9422 (*2006* *Biennial Review Public Notice*).

[^6]: *See generally* 47 U.S.C. Title III.

[^7]: Omnibus Budget Reconciliation Act of 1993, Pub. Law No. 103-66,
    107 Stat. 312. *See* 47 U.S.C. § 309(j). Congress expanded the
    Commission's authority to assign licenses by competitive bidding in
    the Balanced Budget Act of 1997. Pub. L. No. 105-33, Title III, 111
    Stat. 251 (1997).

[^8]: *See* http://www.fcc.gov/wtb/auctions.

[^9]: *See generally* In the Matter of 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, *Eleventh Report,* FCC 06-142 (rel. Sept. 29, 2006)
    (*Eleventh* *CMRS Competition Report*). There has been a dramatic
    increase in the number of competing wireless providers since the
    first annual report on CMRS competition was issued in 1996.

[^10]: *See 2006 Biennial Review Public Notice*, 21 FCC Rcd 9422.

[^11]: *Id.* The rule parts are discussed herein as set forth as in
    Title 47 of the Code of Federal Regulations. For streamlining
    purposes, this Staff Report does not, *infra*, cite each specific
    C.F.R. provision (*e.g.*, 47 C.F.R. Part 1 or 47 C.F.R. § 1.923) for
    the particular Part or rule discussed herein.

[^12]: In the Matter of Clarification of Procedures for Participation of
    Federally Recognized Indian Tribes and Native Hawaiian Organizations
    Under the Nationwide Programmatic Agreement, *Declaratory Ruling*,
    20 FCC Rcd 16092 (2005).

[^13]: In the Matter of Promoting Efficient Use of Spectrum Through
    Elimination of Barriers to the Development of Secondary Markets, WT
    Docket No. 00-230, *Second Report and Order, Order on
    Reconsideration, and Second Further Notice of Proposed Rulemaking*,
    19 FCC Rcd 17503 ( 2004) (*Secondary Markets 2^nd^ Report and
    Order*).

[^14]: Former Nextel Communications, Inc. Upper 700 MHz Guard Band
    Licenses and Revisions to Part 27 of the Commission s Rules
    Development of Operational, Technical and Spectrum Requirements for
    Meeting Federal, State and Local Public Safety Communications
    Requirements Through the Year 2010, *Notice of Proposed Rule
    Making*, FCC 06-133, WT Docket Nos. 06-169, 96-86 (rel. Sept. 8,
    2006).

[^15]: Biennial Regulatory Review \-- Amendment of Parts 1, 22, 24, 27,
    and 90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, *Report and Order and Further Notice of Proposed
    Rule Making*, WT Docket No. 03-264, 20 FCC Rcd 13900 (2005).

[^16]: *See* Amendment of Part 22 of the Commission\'s Rules To Benefit
    the Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, *Report and
    Order and Notice of Proposed Rule Making*, WT Docket Nos. 03-103,
    05-42, 20 FCC Rcd 4403 (2005); *See* FCC News Release, *FCC Paves
    the Way for New Broadband Services in the Air*, WT Docket Nos.
    03-103, 05-42, 2004 WL 2913399 (F.C.C.), (rel. Dec. 15, 2004).

[^17]: *See* Amendment of Part 22 of the Commission\'s Rules To Benefit
    the Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, *Order on
    Reconsideration and Report and Order*, WT Docket Nos. 03-103, 05-42,
    20 FCC Rcd 19663 (2005).

[^18]: *Id.*

[^19]: *See* \"Wireless Telecommunications Bureau Grants 800 MHz
    Air-Ground Licenses,\" *Public Notice*, DA 06-2254, 21 FCC Rcd 13022
    (WTB rel. Oct. 31, 2006).

[^20]: *See* FCC File Nos. 0002653156 and 0002658043.

[^21]: Amendment of Part 22 of the Commission\'s Rules To Benefit the
    Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, *Report and
    Order and Notice of Proposed Rule Making*, WT Docket Nos. 03-103,
    05-42, 20 FCC Rcd 4403 (2005).

[^22]: Facilitating the Provision of Spectrum-Based Services to Rural
    Areas and Promoting Opportunities for Rural Telephone Companies to
    Provide Spectrum-Based Services; 2000 Biennial Regulatory Review
    Spectrum Aggregation Limits for Commercial Mobile Radio Services;
    Increasing Flexibility to Promote Access to and the Efficient and
    Intensive Use of Spectrum and the Widespread Deployment of Wireless
    Services, and to Facilitate Capital Formation, *Report and Order and
    Further Notice of Proposed Rulemaking*, WT Docket Nos. 02-381,
    01-14, and 03-202, 19 FCC Rcd 19078 (2004) (*Rural R&O and FNPRM*).

[^23]: *See* Petition for Partial Reconsideration and/or Clarification
    filed by Airwave Wireless, LLC and GW Wireless, Inc. (Jan. 14,
    2005); Petition for Reconsideration filed by Powerwave Technologies,
    Inc. (Jan. 14, 2005).

[^24]: Amendment of the Commission's Part 90 Rules in the 904-909.75 and
    919.75-928 MHz Bands, *Notice of Proposed Rulemaking*, 21 FCC Rcd
    2809 (2006).

[^25]: *See* Allocation and Service Rules for the 71-76 GHz, 81-86 GHz
    and 92-95 GHz Bands, WT Docket No. 02-146, *Report and Order*, 18
    FCC Rcd 23318 (2003).

[^26]: *See* Allocation and Service Rules for the 71-76 GHz, 81-86 GHz
    and 92-95 GHz Bands, WT Docket No. 02-146, *Order*, 19 FCC Rcd 20524
    (WTB BD 2004). *See also* Wireless Telecommunications Bureau Opens
    Filing Window for Proposals to Develop and Manage Independent
    Database of Site Registrations by Licensees in the 71-76 GHz, 81-86
    GHz and 92-95 GHz Bands, *Public Notice*, 19 FCC Rcd 4597 (WTB BD
    2004). 

[^27]: *See* WTB Announces Permanent Process for Registering Links in
    the 71-76 GHz, 81-86 GHz, and 92-95 GHz Bands, *Public Notice*, 20
    FCC Rcd 2261 (WTB 2005).

[^28]: *See* Allocation and Service Rules for the 71-76 GHz, 81-86 GHz
    and 92-95 GHz Bands, WT Docket No. 02-146, *Memorandum Opinion and*
    *Order*, 20 FCC Rcd 4889 (2005).

[^29]: *See* Amendment of Parts 1, 21, 73, 74 and 101 of the
    Commission's Rules to Facilitate the Provision of Fixed and Mobile
    Broadband Access, Educational and Other Advanced Services in the
    2150-2162 and 2500-2690 MHz Bands, et al.; WT Docket No. 03-66,
    *Report and Order and Further Notice of Proposed Rulemaking*, 19 FCC
    Rcd 14165 (2004).

[^30]: Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's
    Rules to Facilitate the Provision of Fixed and Mobile Broadband
    Access, Educational and Other Advanced Services in the 2150-2162 and
    2500-2690 MHz Bands, *Third Memorandum Opinion and Order and Second
    Report and Order,* WT Docket No. 03-66, 21 FCC Rcd. 5606 (2006)
    (*BRS/EBS* *3rd MO&O)*.

[^31]: *See* Service Rules for Advanced Wireless Services in the 1.7 GHz
    and 2.1 GHz Bands, WT Docket No. 02-353, *Report and Order*, 18 FCC
    Rcd 25162 (2003); *modified by Order on Reconsideration*, 20 FCC Rcd
    14058 (2005) (codified at 47 C.F.R. Part 27, Subpart L).

[^32]: *See* Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, Including Third
    Generation Wireless Systems, ET Docket No. 00-258, *Sixth Report and
    Order, Third Memorandum Opinion and Order, and Fifth Memorandum
    Opinion and Order*, 19 FCC Rcd 20720 (2004);.Service Rules for
    Advanced Wireless Services in the 1915-1920 MHz, 1995-2000 MHz,
    2020-2025 MHz and 2175-2180 MHz Bands, WT Docket No. 04-356, *Notice
    of Proposed Rule Making*, 19 FCC Rcd 19263 (2004).

[^33]: *See* Amendment of Part 2 of the Commission\'s Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems, ET Docket No. 00-258, *Eighth Report
    and Order, Fifth Notice of Proposed Rulemaking and Order*, 20 FCC
    Rcd 15866 (2005) ("*AWS Eighth Report and Order*" and "*AWS Fifth
    Notice*"); Service Rules for Advanced Wireless Services in the 1.7
    GHz and 2.1 GHz Bands, WT Docket No. 02-353, *Order on
    Reconsideration*, 20 FCC Rcd 14058 (2005).

[^34]: *See* Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Service to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems, ET Docket No. 00-258, Service Rules for
    Advances Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT
    Docket No. 02-353, *Ninth Report and Order and Order*, 21 FCC Rcd
    4473 (2006) (*recon. pending*) (*AWS Relocation and Cost Sharing
    Report and Order*).

[^35]: *See* Auction of Advanced Wireless Services Closes, *Public
    Notice*, DA 06-1882 (rel. Sept. 20, 2006). *See also* FCC web
    site,<http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=66>,
    for additional information.

[^36]: *See* Wireless Telecommunications Bureau Grants Advanced Wireless
    Service Licenses, *Public Notices*, DA 06-2408 (WTB rel. Nov. 29,
    2006), DA 06-2179 (WTB rel. Dec. 18, 2006) and DA 07-285 (WTB rel.
    Jan. 29, 2007). 

[^37]: Commercial Spectrum Enhancement Act, Pub. L. No. 108-494, 118
    Stat. 3986, Title II (2004).

[^38]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission\'s Competitive Bidding Rules and
    Procedures, *Declaratory Ruling and Notice of Proposed Rulemaking*,
    20 FCC Rcd 11268 (2005).

[^39]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission\'s Competitive Bidding Rules and
    Procedures, *Report and Order*, 21 FCC Rcd 891 (2006).

[^40]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission\'s Competitive Bidding Rules and
    Procedures, *Further* *Notice of Proposed Rulemaking*, 21 FCC Rcd
    1753 (2006).

[^41]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission's Competitive Bidding Rules and
    Procedures, *Second Report and Order*, 21 FCC Rcd 4753 (2006).

[^42]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission's Competitive Bidding Rules and
    Procedures, *Second Further Notice of Proposed Rule Making*, 21 FCC
    Rcd 4753 (2006).

[^43]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission's Competitive Bidding Rules and
    Procedures, *Order on Reconsideration* *of the Second Report and
    Order*, 21 FCC Rcd 4753 (2006).

[^44]: For a detailed discussion of the staff's rule part analysis,
    including a discussion of each of the comments filed in this
    Biennial Review proceeding and the staff's recommendations, see
    Appendix III, *infra.*

[^45]: *See Rural R&O and FNPRM*, 19 FCC Rcd 19078 (2004).

[^46]: *See* Developing a Unified Intercarrier Compensation Regime, CC
    Docket No. 01-92, *Notice of Proposed Rulemaking,* 16 FCC Rcd 9610
    (2001); *See* Developing a Unified Intercarrier Compensation Regime,
    CC Docket No. 01-92, *Notice of Proposed Rulemaking,* 20 FCC Rcd.
    4685 (2005); Public Notice, "Comment Sought on Missoula Intercarrier
    Compensation Reform Plan," CC Docket No. 01-92, 21 FCC Rcd 8524
    (2006).

[^47]: *See* Reexamination of Roaming Obligations of Commercial Mobile
    Radio Service Providers, WT Docket No. 05-265, *Memorandum Opinion &
    Order and Notice of Proposed Rulemaking*, 20 FCC Rcd 15047(2005).

[^48]: *See Streamlining NPRM*, 19 FCC Rcd 708 (2004).

[^49]: *See* Former Nextel Communications, Inc. Upper 700 MHz Guard Band
    Licenses and Revisions to Part 27 of the Commission s Rules
    Development of Operational, Technical and Spectrum Requirements for
    Meeting Federal, State and Local Public Safety Communications
    Requirements Through the Year 2010, *Notice of Proposed Rule
    Making*, WT Docket Nos. 06-169, 96-86 (rel. Sept. 8, 2006).

[^50]: *See* "*Federal Communications Commission Seeks Comment on
    Initial Regulatory Flexibility Analysis in Telephone Number
    Portability Proceeding*," Public Notice, CC Docket No. 95-116, 20
    FCC Rcd 8616 (2005).

[^51]: *See* Maritel, Inc. and Mobex Network Services, LLC, Petitions
    for Rule Making to Amend the Commission's Rules to Provide
    Additional Flexibility for AMTS and VHF Public Coast Station
    Licensees, *Notice of Proposed Rule Making***,** WT Docket No.
    04-257, RM-10743, 19 FCC Rcd 15225 (2004).

[^52]: *See* Implementation of Sections 309(j) and 337 of the
    Communications Act of 1934 as Amended; Promotion of Spectrum
    Efficient Technologies on Certain Part 90 Frequencies, *Third
    Memorandum Opinion and Order, Third Further Notice of Proposed Rule
    Making, and Order*, WT Docket No. 99-87, RM-9332, 19 FCC Rcd 25045
    (2004).

[^53]: Amendment of the Commission's Part 90 Rules in the 904-909.75 and
    919.75-928 MHz Bands, *Notice of Proposed Rulemaking*, 21 FCC Rcd
    2809 (2006).

[^54]: Comments of PCIA -- The Wireless Infrastructure Association
    (PCIA) filed September 15, 2006.

[^55]: *See also* "Notice Commencement of Five-Year Period Preceding
    Termination of Resale Rule Applicable to Certain Covered Commercial
    Mobile Radio Service Providers," CC Docket No. 94-54, *Public
    Notice*, 13 FCC Rcd 17427 (1998).

[^56]: 47 C.F.R. §§ 24.239-24.253, 101.69-101.81.

[^57]: 47 C.F.R. Part 1, subpart F.

[^58]: 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 Service, WT Docket No. 98-20, *Report and Order*,
    13 FCC Rcd 21027 (1998) (*ULS Report and Order*).

[^59]: 47 C.F.R. §1.913.

[^60]: 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 Service, *Memorandum Opinion and Order on
    Reconsideration*, 14 FCC Rcd 11476 (1999).

[^61]: *See* Promoting Efficient Use of Spectrum Through Elimination of
    Barriers In the Matter of Promoting Efficient Use of Spectrum
    Through Elimination of Barriers to the Development of Secondary
    Markets, WT Docket No. 00-230, *Report and Order and Further Notice
    of Proposed Rulemaking*, 18 FCC Rcd 20604 (2003).

[^62]: *See* Promoting Efficient Use of Spectrum Through Elimination of
    Barriers to the Development of Secondary Markets, WT Docket No.
    00-230, *Second Report and Order, Order on Reconsideration, and
    Second Further Notice of Proposed Rulemaking*, 19 FCC Rcd 17503
    (2004).

[^63]: *See* Wireless Telecommunications Bureau Announces Changes to the
    Universal Licensing System to Implement the Commission's Immediate
    Approval Procedures for Wireless License Assignments and Transfers,
    *Public Notice*, DA 05-2226 (rel. July 29, 2005).

[^64]: *Rural R&O and FNPRM*, 19 FCC Rcd 19078 (2004).

[^65]: Biennial Regulatory Review \-- Amendment of Parts 1, 22, 24, 27,
    and 90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, *Report and Order and Further Notice of Proposed
    Rule Making*, WT Docket No. 03-264, 20 FCC Rcd 13900 (2005).

[^66]: The Commission's environmental rules are codified at 47 C.F.R. §§
    1.1301-1.1319.

[^67]: 42 U.S.C. §§ 4321-4347.

[^68]: 16 U.S.C. §§ 1531-1543.

[^69]: 16 U.S.C. §§ 470 *et seq.*

[^70]: 16 U.S.C. §§ 1131-1136.

[^71]: 42 U.S.C. § 1996.

[^72]: 16 U.S.C. § 668dd.

[^73]: *See* Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977),
    *reprinted as amended in* 42 U.S.C. § 4321 note (floodplains);
    Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), *reprinted
    as amended in* 42 U.S.C. § 4321 note (wetlands).

[^74]: 40 C.F.R. §§ 1500-1508.

[^75]: 47 C.F.R. § 1.1307(a)(8).

[^76]: 47 C.F.R. § 1.1307(b).

[^77]: 47 C.F.R. § 1.1307(a).

[^78]: 47 C.F.R. § 1.1306.

[^79]: *See* 47 C.F.R. §§ 1.1308, 1.1311.

[^80]: 47 C.F.R. § 1.1313.

[^81]: 47 C.F.R. §§ 1.1314-1.1319.

[^82]: Navajo Nation comments at 6.

[^83]: *Id*.

[^84]: *See* 47 C.F.R. § 1.1301 (stating that provisions of Part 1,
    Subpart I of the Commission's rules implement Subchapter I of NEPA).

[^85]: 47 C.F.R. § 1.1307(a).

[^86]: Section 11 of the Communications Act instructs the Commission to
    review "all regulations issued *under this Act* . . ." 47 U.S.C. §
    161 (emphasis added).

[^87]: 47 C.F.R. Part 1, Appendix C, Section I.D.

[^88]: *See* Omnibus Budget Reconciliation Act of 1993, Pub. Law No.
    103-66 (1993).

[^89]: *See* Balanced Budget Act of 1997, Pub. Law No. 105-33, § 3002,
    111 Stat. 251 (1997) (amending 47 U.S.C. § 309(j)).

[^90]: In service-specific rule making proceedings, the Commission
    continues to establish the appropriate size standards for each
    auctionable service.

[^91]: 47 U.S.C. § 309(j)(3)(B).

[^92]: *See FCC Report to Congress on Spectrum Auctions*, WT Docket No.
    97-150, *Report*, FCC 97-353, Section III, at 8 (rel. October 9,
    1997) (citing studies estimating costs of \$800 per application
    under the lottery system and \$130,000 per application under the
    comparative hearing process).

[^93]: Amendment of Part 1 of the Commission's Rules -- Competitive
    Bidding Procedures, *Second Order on Reconsideration of the Third
    Report and Order and Order on Reconsideration of the Fifth Report
    and Order*, 18 FCC Rcd 10180 (2003).

[^94]: Amendment of Part 1 of the Competitive Bidding Rules −
    Competitive Bidding Procedures, *Second Order* *on Reconsideration
    of the Part 1 Fifth Report and Order*, 20 FCC Rcd 1942 (2005).

[^95]: 26 U.S.C. § 501(c)(12).

[^96]: *Puget Sound Plywood, Inc. v. Commissioner of the Internal
    Revenue Service,* 44 T.C. 305 (1965) ("*Puget Sound*").

[^97]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission\'s Competitive Bidding Rules and
    Procedures, *Declaratory Ruling and Notice of Proposed Rulemaking*,
    20 FCC Rcd 11268 (2005).

[^98]: Commercial Spectrum Enhancement Act, Pub. L. No. 108-494, 118
    Stat. 3986, Title II (2004).

[^99]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission\'s Competitive Bidding Rules and
    Procedures, *Report and Order*, 21 FCC Rcd 891 (2006).

[^100]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission's Competitive Bidding Rules and
    Procedures, *Second Report and Order*, 21 FCC Rcd 4753 (2006).

[^101]: Licensees may, under section 1.946(e) of our rules, request an
    extension of time to meet the applicable construction requirements.
    47 C.F.R. § 1.946(e). Additionally, licensees may also request a
    waiver of the construction requirement, and this request must meet
    the requirements of section 1.925 of our rules. 47 C.F.R § 1.925. We
    note that we will undertake careful scrutiny of requests for
    extension of the construction requirements filed by designated
    entities consistent with our rules, obligations under the
    Communications Act, and legal precedent, and that we will consider,
    as part of our review, whether the extension request is an effort to
    defeat the objectives of our designated entity program. If a
    designated entity is successful in obtaining an extension of the
    construction requirements beyond the initial license term, the
    requirement that the Commission must be reimbursed for the entire
    bidding credit amount, plus interest, prior to the filing of the
    notification informing the Commission that the applicable
    construction requirements will continue to apply until such
    notifications are filed.

[^102]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission's Competitive Bidding Rules and
    Procedures, *Second Further Notice of Proposed Rule Making*, 21 FCC
    Rcd 4753 (2006).

[^103]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission's Competitive Bidding Rules and
    Procedures, *Order on Reconsideration* *of the Second Report and
    Order*, 21 FCC Rcd 4753 (2006).

[^104]: *See* Implementation of Section 309(j) of the Communications
    Act - Competitive Bidding, PP Docket No. 93-253, *Second Report and
    Order*, 9 FCC Rcd 2348, 2385 ¶ 214 (citing H.R. Rep. No. 103-111 at
    257) (1994).

[^105]: 47 C.F.R. Part 1, Subpart X.

[^106]: *See* Wireless Telecommunications Bureau Announces FCC Form
    603-T is Available and Provides Guidance Regarding the Interim
    Process for Filing Spectrum Leasing Notifications and Applications,
    *Public Notice*, DA 04-252 (rel. Feb. 2, 2004). In 2006, the
    Commission implemented procedures permitting immediate processing of
    qualifying spectrum leasing arrangements. *See* Wireless
    Telecommunications Bureau Announces FCC Form 608 is Available for
    Filing Spectrum Leasing Notifications and Applications and Private
    Commons Arrangements, *Public Notice*, DA 06-1723 (rel. Aug. 28,
    2006).

[^107]: In the Matter of Promoting Efficient Use of Spectrum Through
    Elimination of Barriers to the Development of Secondary Markets, WT
    Docket No. 00-230, *Report and Order and Further Notice of Proposed
    Rulemaking*, 18 FCC Rcd 20604 (2003) (*Secondary Markets Report and
    Order*).

[^108]: *See id.* at ¶¶ 116-119, 147 (establishing policies and
    procedures to ensure that spectrum leasing arrangements do not
    contravene Commission policies that promote facilities-based
    competition and guard against the harmful effects of anticompetitive
    conduct).

[^109]: In the Matter of Promoting Efficient Use of Spectrum Through
    Elimination of Barriers to the Development of Secondary Markets, WT
    Docket No. 00-230, *Second Report and Order, Order on
    Reconsideration, and Second Further Notice of Proposed Rulemaking*,
    19 FCC Rcd 17503 (2004) (*Secondary Markets 2^nd^ Report and
    Order*).

[^110]: 47 U.S.C. § 303(q).

[^111]: 47 C.F.R. Part 17.

[^112]: Section 17.5 exempts geographically licensed services from this
    requirement. *See* 47 C.F.R. § 17.5.

[^113]: Consumer & Governmental Affairs Bureau Reference Information
    Center Petition for Rulemakings Filed, *Public Notice*, Report No.
    2794 (rel. October 30, 2006).

[^114]: 47 C.F.R. § 20.6.

[^115]: *See* 2000 Biennial Regulatory Review Spectrum Aggregation
    Limits for Commercial Mobile Radio Services, WT Docket No. 01-14,
    *Report and Order*, 16 FCC Rcd 22668 (2001) (*Spectrum Aggregation
    Limits Order*).

[^116]: *See Spectrum Aggregation Limits Order*, 16 FCC Rcd at 22670-71.

[^117]: *See id.* at 22669.

[^118]: 47 C.F.R. § 20.6(f).

[^119]: *See id.* at 22669-70.

[^120]: 47 C.F.R. § 20.9.

[^121]: 47 U.S.C. § 332.

[^122]: *Eleventh CMRS Competition Report*, FCC 06-142 at ¶¶ 149-188.

[^123]: 47 U.S.C. § 332(c)(1)(B).

[^124]: *See* 47 U.S.C. § 332.

[^125]: 47 C.F.R. § 20.11.

[^126]: *See* 47 U.S.C. §§ 251, 252.

[^127]: Implementation of the Local Competition Provisions in the
    Telecommunications Act of 1996, CC Docket No. 96-68, Interconnection
    between Local Exchange Carriers and Commercial Mobile Radio Service
    Providers, *First Report and Order*, 11 FCC Rcd 15499, 16195 (1996)
    (*Local Competition First Report and Order*).

[^128]: *Local Competition First Report and Order*, 11 FCC Rcd at 16005,
    ¶ 1023.

[^129]: 47 C.F.R. § 20.11(c). *See* *also* *Local Competition First
    Report and Order*, 11 FCC Rcd at 16195.

[^130]: *Eleventh CMRS Competition Report*, FCC 06-142 at para. 205.

[^131]: *Id*. at para. 206.

[^132]: In the Matter of Developing a Unified Intercarrier Compensation
    Regime, CC Docket No. 01-92, *Notice of Proposed Rulemaking*, 16 FCC
    Rcd 9610 (2001) (*Intercarrier Compensation NPRM*).

[^133]: *See* Developing a Unified Intercarrier Compensation Regime, CC
    Docket No. 01-92, *Further Notice of Proposed Rulemaking,* 20 FCC
    Rcd 4685 (2005) (*Intercarrier Compensation FNPRM*).

[^134]: Public Notice, "Comment Sought on Missoula Intercarrier
    Compensation Reform Plan," CC Docket No. 01-92, 21 FCC Rcd 8524
    (2006).

[^135]: *See* Developing a Unified Intercarrier Compensation Regime, CC
    Docket No. 01-92, *Petition for Declaratory Ruling of T-Mobile USA,
    Inc., et al*. (filed Sept. 6, 2002); Developing a Unified
    Intercarrier Compensation Regime, CC Docket No. 01-92, *Declaratory
    Ruling and Report and Order*, 20 FCC Rcd 4855 (2005) (*T-Mobile
    Order*).

[^136]: *T-Mobile Order*, 20 FCC Rcd at 4863.

[^137]: 47 C.F.R. § 20.12(b).

[^138]: *See* 47 C.F.R. § 20.12(b)(3). *See also* "Commencement of
    Five-Year Period Preceding Termination of Resale Rule Applicable to
    Certain Covered Commercial Mobile Radio Service Providers," CC
    Docket No. 94-54, *Public Notice*, 13 FCC Rcd 17427 (1998).

[^139]: 47 C.F.R. § 20.12(c).

[^140]: *See* Interconnection and Resale Obligations Pertaining to
    Commercial Mobile Radio Services, *Second Report and Order and Third
    Notice of Proposed Rulemaking*, 11 FCC Rcd 9462 (1996).

[^141]: *See generally Tenth Annual CMRS Competition Report*, 20 FCC Rcd
    15908 ¶¶ 128-129.

[^142]: Interconnection and Resale Obligations Pertaining to Commercial
    Mobile Radio Services, *Second Report and Order and Third Notice of
    Proposed Rulemaking*, 11 FCC Rcd 9462 (1996).

[^143]: Interconnection and Resale Obligations Pertaining to Commercial
    Mobile Radio Services, *Third Report and Order and Memorandum
    Opinion and Order on Reconsideration*, 15 FCC Rcd 15975 (2000).

[^144]: Automatic and Manual Roaming Obligations Pertaining to
    Commercial Mobile Radio Service*, Notice of Proposed Rulemaking*, 15
    FCC Rcd 21628 (2000).

[^145]: *See* Reexamination of Roaming Obligations of Commercial Mobile
    Radio Service Providers, WT Docket No. 05-265, *Memorandum Opinion &
    Order and Notice of Proposed Rulemaking*, 20 FCC Rcd 15047
    (2005)(*Roaming NPRM)*.

[^146]: *Id*.

[^147]: *Id.*

[^148]: 47 C.F.R. § 20.18.

[^149]: Revision of the Commission's Rules to Ensure Compatibility with
    Enhanced 911 Emergency Calling Systems; E911 Phase II Compliance
    Deadlines for Tier III Carriers, CC Docket No. 94-102, *Order*, 20
    FCC Rcd 7709, 7709-7710 ¶ 1 (2005).

[^150]: National Telecommunications and Information Administration
    Organization Act -- Amendment, Pub. L. No. 108-494, 118 Stat. 3986
    (2004).

[^151]: 47 C.F.R. § 20.19.

[^152]: 47 C.F.R. § 20.20.

[^153]: 47 C.F.R. § 20.20(a).

[^154]: 47 C.F.R. Part 22.

[^155]: *Eleventh CMRS Competition Report*, FCC 06-142 at ¶¶ 149-188.

[^156]: *Rural R&O and FNPRM*, 19 FCC 19078 (2004).

[^157]: *See* Amendment of Part 22 of the Commission\'s Rules To Benefit
    the Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, *Report and
    Order and Notice of Proposed Rule Making*, WT Docket Nos. 03-103,
    05-42, 20 FCC Rcd 4403 (2005); *See* FCC News Release, *FCC Paves
    the Way for New Broadband Services in the Air* (rel. Dec. 15, 2004).

[^158]: *See* Amendment of Part 22 of the Commission\'s Rules To Benefit
    the Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, *Order on
    Reconsideration and Report and Order*, WT Docket Nos. 03-103, 05-42,
    20 FCC Rcd 19663 (2005).

[^159]: Amendment of Part 22 of the Commission\'s Rules To Benefit the
    Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, *Report and
    Order and Notice of Proposed Rule Making*, WT Docket Nos. 03-103,
    05-42, 20 FCC Rcd 4403 (2005).

[^160]: Amendment of the Commission's Rules to Facilitate the Use of
    Cellular Telephones and other Wireless Devices Aboard Airborne
    Aircraft, *Notice of Proposed Rule Making*, WT Docket No. 04-435, 20
    FCC Rcd 3753 (2005).

[^161]: Biennial Regulatory Review \-- Amendment of Parts 1, 22, 24, 27,
    and 90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, *Report and Order and Further Notice of Proposed
    Rule Making*, WT Docket No. 03-264, 20 FCC Rcd 13900 (2005).

[^162]: 47 C.F.R Part 22, subpart E.

[^163]: *See ULS Report and Order*, 13 FCC Rcd 21027.

[^164]: 47 C.F.R. §§ 22.501-22.529.

[^165]: See *Eleventh CMRS Competition Report*, FCC 06-142 at ¶ 166.

[^166]: *Public Notice*, Report No. 2755, released January 27, 2006,
    2006 WL 213804 (F.C.C.)

[^167]: 47 C.F.R. Part 22, subpart F.

[^168]: 47 C.F.R. Part 22, subpart G.

[^169]: *See* Amendment of Part 22 of the Commission\'s Rules To Benefit
    the Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, *Report and
    Order and Notice of Proposed Rule Making*, WT Docket Nos. 03-103,
    05-42, 20 FCC Rcd 4403 (2005).

[^170]: *See* Amendment of Part 22 of the Commission\'s Rules To Benefit
    the Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, *Order on
    Reconsideration and Report and Order*, WT Docket Nos. 03-103, 05-42,
    20 FCC Rcd 19663 (2005).

[^171]: "Auction of 800 MHz Air-Ground Radiotelephone Service Licenses
    Closes; Winning Bidders Announced for Auction No. 65," *Public
    Notice*, DA 06-1197 (rel. June 7, 2006).

[^172]: *See* FCC File Nos. 0002653156 and 0002658043.

[^173]: Amendment of Part 22 of the Commission\'s Rules To Benefit the
    Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, Report and
    Order and Notice of Proposed Rule Making, WT Docket Nos. 03-103,
    05-42, 20 FCC Rcd 4403 (2005).

[^174]: Amendment of Part 22 of the Commission\'s Rules To Benefit the
    Consumers of Air-Ground Telecommunications Services; Biennial
    Regulatory Review\--Amendment of Parts 1, 22, and 90 of the
    Commission\'s Rules; Amendment of Parts 1 and 22 of the
    Commission\'s Rules To Adopt Competitive Bidding Rules for
    Commercial and General Aviation Air-Ground Radiotelephone Service;
    Application of Verizon Airfone Inc. for Renewal of 800 MHz
    Air-Ground Radiotelephone License, Call Sign KNKG804, Order on
    Reconsideration and Report and Order, WT Docket Nos. 03-103, 05-42,
    20 FCC Rcd 19663 (2005).

[^175]: 47 C.F.R. Part 22, subpart H.

[^176]: *See Eleventh CMRS Competition Report*, FCC 06-142 at ¶¶
    149-188.

[^177]: *Rural R&O and FNPRM*, 19 FCC Rcd 19078 (2004).

[^178]: Amendment of the Commission's Rules to Facilitate the Use of
    Cellular Telephone and other Wireless Devices Aboard Airborne
    Aircraft, Notice of Proposed Rulemaking, WT Docket No. 04-435, 20
    FCC Rcd. 3753 (2005).

[^179]: 47 C.F.R. Part 22, subpart I.

[^180]: Service is provided by other services as well: *e.g.*, WCS,
    satellite, VHF maritime, private radio (formerly petroleum radio
    service), private (offshore), and microwave.

[^181]: 47 U.S.C. § 1002.

[^182]: 47 C.F.R. Part 22, subpart J.

[^183]: *Id.*

[^184]: *See* Communications Assistance for Law Enforcement Act*,*
    *Third Report and Order*, 14 FCC Rcd 16794 (1999).

[^185]: 47 C.F.R. Part 24, subpart J.

[^186]: 64 C.F.R. Part 64, subpart W.

[^187]: Section 11 of the Communications Act instructs the Commission to
    review "all regulations issued *under this Act* . . ." 47 U.S.C. §
    161 (emphasis added).

[^188]: 47 C.F.R. Part 24. Narrowband PCS operates in the 901-902,
    930-931, and 940-941 MHz bands. Broadband PCS operates in the
    1850-1910 and 1930-1990 MHz bands.

[^189]: *See* Communications Assistance for Law Enforcement Act (CALEA),
    Pub. Law No. 103-414, 108 Stat. 4279 (1994). We discuss these rules,
    *supra*, when discussing Part 22, Subpart J.

[^190]: *See* Amendment of the Commission's Rules to Establish New
    Personal Communications Services, *Second Report and Order*, 8 FCC
    Rcd 7700 (1993); Amendment of the Commission's Rules to Establish
    New Personal Communications Services, *Third Report and Order*, 9
    FCC Rcd 1337 (1994).

[^191]: *See* Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding*,* *Fifth Report and Order*, 9 FCC Rcd 5532
    (1994); Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding, *Fourth Memorandum Opinion and Order*, 9 FCC
    Rcd 6858 (1994); Implementation of Section 309(j) of the
    Communications Act -- Competitive Bidding, *Fifth Memorandum Opinion
    and Order*, 10 FCC Rcd 403 (1994).

[^192]: *See* Amendment of the Commission's Rules to Establish New
    Personal Communications Services, Narrowband PCS, *Second Report and
    Order,* 15 FCC Rcd 10456 (2000).

[^193]: *See* Communications Assistance for Law Enforcement Act, CC
    Docket No. 97-213, *Third Report and Order*, 14 FCC Rcd 16794
    (1999), *vacated in part and remanded*, *United States Telecom Ass'n
    v. FCC,* 227 F.3d 450 (D.C. Cir. 2000).

[^194]: 47 U.S.C. § 309(j)(3).

[^195]: All use a series of low-power transmitters to serve relatively
    small areas ("cells"), and all employ frequency reuse to maximize
    spectrum efficiency. In the past, cellular and SMR networks used an
    analog technology, while PCS networks were designed from the start
    to use a digital format. Digital technology provides better sound
    quality and increased spectral efficiency than analog technology.
    From a customer's perspective, digital service in the cellular band
    or SMR bands is virtually identical to digital service in the PCS
    band. Digital technology is now dominant in the mobile telephone
    sector, with approximately 97 percent of all wireless subscribers
    using digital service. *See Eleventh CMRS Competition Report*, FCC
    06-142 at ¶ 105.

[^196]: *See Eleventh CMRS Competition Report*, FCC 06-142 at ¶ 158.

[^197]: *See Eleventh CMRS Competition Report*, FCC 06-142 at ¶ 160.

[^198]: *See Eleventh CMRS Competition Report,* FCC 06-142 at ¶ 161;
    *Ninth CMRS Competition Report*, FCC 04-216 at ¶ 176.

[^199]: *See Eleventh CMRS Competition Report*, FCC 06-142 at ¶ 161.

[^200]: *S**ee Eleventh CMRS Competition Report*, FCC 06-142 at ¶ 162.

[^201]: *See Eleventh CMRS Competition Report*, FCC 06-142 at ¶ 162,
    citing *Ninth Report*, at 20670; *Tenth Report*, at 15969.

[^202]: *Rural R&O and FNPRM*, 19 FCC Rcd 19078 (2004).

[^203]: Biennial Regulatory Review \-- Amendment of Parts 1, 22, 24, 27,
    and 90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, *Report and Order and Further Notice of Proposed
    Rule Making*, WT Docket No. 03-264, 20 FCC Rcd 13900 (2005).

[^204]: "Broadband PCS Spectrum Auction Closes; Winning Bidders
    Announced for Auction No. 58," *Public Notice*, DA 05-459 (rel.
    February 18, 2005).

[^205]: "Broadband PCS Entities and Fixed Microwave Services Licensees
    Reminded of April 4, 2005 Sunset of Relocation Cost Compensation and
    Microwave Cost Sharing Rules," *Public Notice*, DA 05-612 (rel.
    March 8, 2005). 47 C.F.R. §§ 24.239 -- 24.253 (2005).

[^206]: Amendment to the Commission's Rules Regarding a Plan for Sharing
    the Costs of Microwave Relocation, *First Report and Order and
    Further Notice of Proposed Rule Making*, WT Docket No. 95-157, 11
    FCC Rcd. 8825, 8827 (1996).

[^207]: Ericsson Comments at 2.

[^208]: 47 C.F.R. §§ 24.239 -- 24.253.

[^209]: 47 C.F.R. Part 27.

[^210]: Section 303(y)(2) authorizes the Commission to allocate spectrum
    to provide flexibility of use upon making certain findings. *See* 47
    U.S.C. § 303(y)(2). The Commission must make affirmative findings
    that such flexibility: (1) is consistent with international
    agreements, (2) would be in the public interest, (3) would not deter
    investment in communications services and systems, or technology
    development, and (4) would not result in harmful interference among
    users. *See* *id.*

[^211]: *See* Reallocation and Service Rules for the 698-746 MHz
    Spectrum Band (Television Channels 52-59), GN Docket No. 01-74,
    *Report and Order*, 17 FCC Rcd 1022 (2002) ("*Lower 700 MHz Report
    and Order*"); Service Rules for the 746-764 and 776-794 MHz Bands,
    and Revisions to Part 27 of the Commission's Rules, WT Docket No.
    99-168, *Third Report and Order*, 16 FCC Rcd 2703 (2001); Service
    Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part
    27 of the Commission's Rules, WT Docket No. 99-168, *Second
    Memorandum Opinion and Order*, 16 FCC Rcd 1239 (2001); Service Rules
    for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of
    the Commission's Rules, WT Docket No. 99-168, *Memorandum Opinion
    and Order and Further Notice of Proposed Rulemaking*, 15 FCC Rcd
    20845 (2000); Service Rules for the 746-764 and 776-794 MHz Bands,
    and Revisions to Part 27 of the Commission's Rules, WT Docket No.
    99-168, *Second Report and Order*, 15 FCC Rcd 5299 (2000) ("*Upper
    700 MHz Second Report and Order*")*.*

[^212]: *Id.*

[^213]: *Lower 700 MHz Report and Order*, at 1032.

[^214]: *Id.*, at 1028.

[^215]: *See* Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120
    Stat. 4 (2006) ("DRA") (amending Section 309(j)(14) and Section
    337(e) of the Communications Act, as amended). Title III of the DRA
    is the DTV Act.

[^216]: *See* Lower 700 MHz Band Auction Closes, *Public Notice*, DA
    02-2323 (rel. Sept. 20, 2002). *See* *also* Lower 700 MHz Band
    Auction Closes, *Public Notice*, DA 03-1978 (rel. June 18, 2003);
    Auction of Lower 700 MHz Band Licenses Closes, *Public Notice*, DA
    05-2239 (rel. Aug. 5, 2005).

[^217]: Former Nextel Communications, Inc. Upper 700 MHz Guard Band
    Licenses and Revisions to Part 27 of the Commission s Rules
    Development of Operational, Technical and Spectrum Requirements for
    Meeting Federal, State and Local Public Safety Communications
    Requirements Through the Year 2010, *Notice of Proposed Rule
    Making*, FCC 06-133, WT Docket Nos. 06-169, 96-86 (rel. Sept. 8,
    2006).

[^218]: *See* Amendment of Parts 1, 21, 73, 74 and 101 of the
    Commission's Rules to Facilitate the Provision of Fixed and Mobile
    Broadband Access, Educational and Other Advanced Services in the
    2150-2162 and 2500-2690 MHz Bands, et al.; WT Docket No. 03-66,
    *Report and Order and Further Notice of Proposed Rulemaking*, 19 FCC
    Rcd 14165 (2004).

[^219]: Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's
    Rules to Facilitate the Provision of Fixed and Mobile Broadband
    Access, Educational and Other Advanced Services in the 2150-2162 and
    2500-2690 MHz Bands, *Third Memorandum Opinion and Order and Second
    Report and Order,* WT Docket No. 03-66, 21 FCC Rcd. 5606 (2006)
    (*BRS/EBS* *3rd MO&O)*.

[^220]: *See* Service Rules for Advanced Wireless Services in the 1.7
    GHz and 2.1 GHz Bands, WT Docket No. 02-353, *Report and Order*, 18
    FCC Rcd 25162 (2003); *modified by Order on Reconsideration*, 20 FCC
    Rcd 14058 (2005) (codified at 47 C.F.R. Part 27, Subpart L).

[^221]: *See* Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, Including Third
    Generation Wireless Systems, ET Docket No. 00-258, *Sixth Report and
    Order, Third Memorandum Opinion and Order, and Fifth Memorandum
    Opinion and Order*, 19 FCC Rcd 20720 (2004);.Service Rules for
    Advanced Wireless Services in the 1915-1920 MHz, 1995-2000 MHz,
    2020-2025 MHz and 2175-2180 MHz Bands, WT Docket No. 04-356, *Notice
    of Proposed Rule Making*, 19 FCC Rcd 19263 (2004).

[^222]: *See* Amendment of Part 2 of the Commission\'s Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems, ET Docket No. 00-258, *Eighth Report
    and Order, Fifth Notice of Proposed Rulemaking and Order*, 20 FCC
    Rcd 15866 (2005) ("*AWS Eighth Report and Order*" and "*AWS Fifth
    Notice*"); Service Rules for Advanced Wireless Services in the 1.7
    GHz and 2.1 GHz Bands, WT Docket No. 02-353, *Order on
    Reconsideration*, 20 FCC Rcd 14058 (2005).

[^223]: *See* Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Service to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems, ET Docket No. 00-258, Service Rules for
    Advances Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT
    Docket No. 02-353, *Ninth Report and Order and Order*, 21 FCC Rcd
    4473 (2006) (*recon. pending*) (*AWS Relocation and Cost Sharing
    Report and Order*).

[^224]: *See* Auction of Advanced Wireless Services Closes, *Public
    Notice*, DA 06-1882 (rel. Sept. 20, 2006). *See also* FCC web
    site,<http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=66>,
    for additional information.

[^225]: *See* Wireless Telecommunications Bureau Grants Advanced
    Wireless Service Licenses, *Public Notices*, DA 06-2408 (WTB rel.
    Nov. 29, 2006) and DA 06-2179 (WTB rel. Dec. 18, 2006). 

[^226]: In the Matter of Access Spectrum, LLC, Request for waiver of
    Section 27.60, *Memorandum Opinion and Order*, DA 04-2527 (WTB rel.
    August 12, 2004).

[^227]: 47 C.F.R. § 27.60.

[^228]: Aloha Partners, L.P. Request for Waiver of Section 27.60,
    *Memorandum Opinion and Order*, 20 FCC Rcd 3744 (2005) (Application
    for Review pending).

[^229]: "Auction of Lower 700 MHz  Band Licenses Closes; Winning Bidders
    Announced for Auction No. 60," *Public Notice*, DA 05-2239
    (rel. August 5, 2005).

[^230]: Qualcomm Incorporated Petition for Declaratory Ruling, WT Docket
    05-7, *Order*, FCC 06-155 (rel. Oct. 12, 2006).

[^231]: Former Nextel Communications, Inc. Upper 700 MHz Guard Band
    Licenses and Revisions to Part 27 of the Commission s Rules
    Development of Operational, Technical and Spectrum Requirements for
    Meeting Federal, State and Local Public Safety Communications
    Requirements Through the Year 2010, *Notice of Proposed Rule
    Making*, FCC 06-133, WT Docket Nos. 06-169, 96-86 (rel. Sept. 8,
    2006).

[^232]: *Rural R&O and FNPRM*, 19 FCC Rcd 19078 (2004).

[^233]: Ericsson Comments at 1-2.

[^234]: Id. at 2, n.5.

[^235]: *See* Biennial Regulatory Review -- Amendment of Parts 1, 22,
    24, 27, and 90 to Streamline and Harmonize Various Rules Affecting
    Wireless Radio Services, Report and Order and Further Notice of
    Proposed Rule Making, WT Docket No. 03-264, 20 FCC Rcd 16,293, 16318
    ¶ 54 (seeking comment on CTIA\'s request that the proposed changes
    to Part 24 be mirrored in the Part 27 rules governing AWS).

[^236]: 47 C.F.R. Part 80.

[^237]: Subparts J and Y deal exclusively with public coast station
    licensing and operations. Other rules governing public coast
    stations are in subparts B, C, G, and P. In addition, rules
    pertaining to all coast stations, including public coast stations,
    can be found in subparts D, E, and H.

[^238]: MariTel, Inc. and Mobex Network Services, LLC, *Notice of
    Proposed Rule Making*, WT Docket No. 04-257, 19 FCC Rcd 15225
    (2004).

[^239]: Amendment of the Commission Rules Regarding Maritime Automatic
    Identification Systems, Report *and Order and Further Notice of
    Proposed Rule Making and Fourth Memorandum Opinion and Order,* WT
    Docket No. 04-344, 21 FCC Rcd 8892 (2006).

[^240]: Amendment of Parts 13 and 80 of the Commission's Rules
    Concerning Maritime Communications, *Memorandum Opiniont and Order,
    Third Report and Order and Third Further Notice of Proposed
    Rulemaking*, FCC 06-129, WT Docket No. 00-48 (rel. Sept 8, 2006).

[^241]: *See* Automated Maritime Telecommunications System Spectrum
    Auction Closes; Winning Bidders Announced, *Public Notice*, 19 FCC
    Rcd 18252 (2004).

[^242]: *See* Automated Maritime Telecommunications System Spectrum
    Auction Closes; Winning Bidders Announced, *Public Notice*, 20 FCC
    Rcd 13747 (2005).

[^243]: 47 C.F.R. Part 90.

[^244]: Omnibus Budget Reconciliation Act of 1993, Pub. Law No. 103-66,
    107 Stat. 312 (largely codified at 47 U.S.C. § 332 *et seq.*) (1993
    Budget Act or OBRA).

[^245]: Implementation of Sections 3(n) and 332 of the Communications
    Act Regulatory Treatment of Mobile Services, *Second Report and
    Order*, 9 FCC Rcd 1411 (1994) (*CMRS Second Report and Order*).

[^246]: *See*, *e.g.*, Part 90, subpart L (Authorization and Use of
    Frequencies in the 470-512 MHz Band).

[^247]: *See*, *e.g.*, Part 90, subpart U (Competitive Bidding
    Procedures for the 900 MHz Specialized Mobile Radio Service).

[^248]: Biennial Regulatory Review -- Amendment of Parts 0, 1, 13, 22,
    24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to
    Facilitate the Development and Use of the Universal Licensing System
    in the Wireless Telecommunications Services*, Report and Order*, 13
    FCC Rcd 21027 (1998); *Memorandum Opinion and Order on
    Reconsideration*, 14 FCC Rcd 11145 (1998).

[^249]: *See Eleventh CMRS Competition Report*, FCC 06-142 at ¶¶
    149-188.

[^250]: *See* Implementation of Sections 309(j) and 337 of the
    Communications Act of 1934 as Amended; Promotion of Spectrum
    Efficient Technologies on Certain Part 90 Frequencies, *Third
    Memorandum Opinion and Order, Order, and Third Further Notice of
    Proposed Rule Making,* WT Docket No. 99-87, RM-9332, 19 FCC Rcd
    25045 (2004).

[^251]: *Id*.

[^252]: *See* Improving Public Safety Communications in the 800 MHz
    Band, *Report and Order, Fifth Report and Order, Fourth Memorandum
    Opinion and Order, and Order,* FCC 04-168, WT Docket No. 02-55, 19
    FCC Rcd 14969 (2004), as amended by *Erratum*, 19 FCC Rcd 19651
    (2004)*,* and *Erratum*, 19 FCC Rcd 21818 (2004) (*800 MHz R&O*);
    Improving Public Safety Communications in the 800 MHz Band,
    *Supplemental Order and Order on Reconsideration*, 19 FCC Rcd 25120
    (2004) (*800 MHz Supplemental Order*)*;* and Improving Public Safety
    Communications in the 800 MHz Band, *Memorandum Opinion and Order*,
    20 FCC Rcd 16015 (2005), as amended by *Erratum*, DA 05-3061 rel.
    Nov. 25, 2005 (*800 MHz MO&O*)*.*

[^253]: Biennial Regulatory Review \-- Amendment of Parts 1, 22, 24, 27,
    and 90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, *Report and Order and Further Notice of Proposed
    Rule Making*, WT Docket No. 03-264, 20 FCC Rcd 13900 (2005).

[^254]: *See* Amendment of Part 90 of the Commission's Rules to Provide
    for Flexible Use of the 896-901 MHz and 935-940 MHz Bands Allotted
    to the Business and Industrial Land Transportation Pool, *Notice of
    Proposed Rulemaking and Memorandum Opinion and Order*, WT Docket No.
    05-62, 20 FCC Rcd 3814 (2005).

[^255]: 47 C.F.R. Part 90, subpart R.

[^256]: 47 C.F.R. Part 90, subpart G.

[^257]: 47 C.F.R. Part 90, subpart H.

[^258]: Biennial Regulatory Review \-- Amendment of Parts 1, 22, 24, 27,
    and 90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, *Report and Order and Further Notice of Proposed
    Rule Making*, WT Docket No. 03-264, 20 FCC Rcd 13900 (2005).

[^259]: 47 C.F.R. Part 90, subpart G.

[^260]: *Streamlining and Harmonization Report and Order*, 20 FCC Rcd
    13900 at ¶ 27.

[^261]: 47 C.F.R. Part 90, subpart L.

[^262]: *See* 47 C.F.R. §§ 22.621 and 22.651.

[^263]: *See* Replacement of Part 90 by Part 88 to Revise the Private
    Land Mobile Radio Services and Modify the Policies Governing Them,
    PR Docket No. 92-235, *Report and Order,* 10 FCC Rcd 10076 (1995);
    *Memorandum Opinion and Order*, 11 FCC Rcd 17676 (1996); Replacement
    of Part 90 by Part 88 to Revise the Private Land Mobile Radio
    Services and Modify the Policies Governing Them, PR Docket No.
    92-235, *Second Report and Order*, 12 FCC Rcd 14307 (1997). *See* 47
    C.F.R. § 90.187(b). The FCC has recognized two types of trunking:
    centralized and decentralized. A centralized trunked system uses one
    or more control channels to transmit channel assignment information
    to the mobile radios. In a decentralized trunked system, the mobile
    radios scan the available channels and find one that is clear.

[^264]: The seven categories of eligible users are: (1) Public safety;
    (2) Power and telephone maintenance licensees; (3) Special
    industrial licensees; (4) Business licensees; (5) Petroleum, forest
    products, and manufacturers licensees; (6) Railroad, motor carrier,
    and automobile emergency licensees; and (7) Taxicab licensees. 47
    C.F.R. § 90.311.

[^265]: 47 C.F.R. § 90.311.

[^266]: *Id*.

[^267]: 47 C.F.R. § 90.307.

[^268]: 47 C.F.R. § 90.313(a).

[^269]: 47 C.F.R. § 90.313(c).

[^270]: *See* 47 C.F.R. Part 90, subpart M ; 47 C.F.R. §§ 90.149-157.

[^271]: 47 C.F.R. § 90.353(d).

[^272]: Municipalities or other governmental operatives may file for a
    non-multilateration license covering an Economic Area. 47 C.F.R. §
    90.353(i).

[^273]: Amendment of the Commission's Rules Regarding Dedicated
    Short-Range Communication Services in the 5.850-5.925 GHz Band (5.9
    GHz Band), WT Docket No. 01-90, *Memorandum Opinion and Order,* 21
    FCC Rcd. 8961 (2006) (*DSRCS MO&O*).

[^274]: 47 C.F.R. Part 90, subpart R.

[^275]: 47 C.F.R. Part 90, subpart P.

[^276]: *See* Revision of Part 22 and Part 90 of the Commission's Rules
    to Facilitate Future Development of Paging Systems, *Second Report
    and Order and Further Notice of Proposed Rulemaking*, 12 FCC Rcd
    2732 (1997) (*Second Report and Order*).

[^277]: *See* Revision of Part 22 and Part 90 of the Commission's Rules
    to Facilitate Future Development of Paging Systems, *Memorandum
    Opinion and Order on Reconsideration and* *Third Report and Order*,
    14 FCC Rcd 10030 (1999) (*Third Report and Order*).

[^278]: *See* "929 and 931 MHz Paging Auction Closes," *Public Notice*,
    15 FCC Rcd 4858 (2000).

[^279]: See *Eleventh CMRS Competition Report*, FCC 06-142 at ¶ 166.

[^280]: 47 C.F.R. Part 90, subpart S.

[^281]: Implementation of Sections 3(n) and 332 of the Communications
    Act Regulatory Treatment of Mobile Services, *Second Report and
    Order*, 9 FCC Rcd 1411 (1994).

[^282]: 47 C.F.R. Part 90, subparts U and V.

[^283]: *See Eleventh CMRS Competition Report*, FCC 06-142 at ¶¶
    149-188.

[^284]: *See* Improving Public Safety Communications in the 800 MHz
    Band, *Report and Order, Fifth Report and Order, Fourth Memorandum
    Opinion and Order, and Order,* 19 FCC Rcd 14969, 15021-45, 15069 ¶¶
    88-141, 189 (2004) as amended by Erratum, 19 FCC Rcd 19651 (2004)*,*
    and Erratum, 19 FCC Rcd 21818 (2004) (*800 MHz R&O*); Improving
    Public Safety Communications in the 800 MHz Band, *Supplemental
    Order and Order on Reconsideration*, 19 FCC Rcd 25120 (2004) (*800
    MHz Supplemental Order*)*;* and Improving Public Safety
    Communications in the 800 MHz Band, *Memorandum Opinion and Order*,
    20 FCC Rcd 16015 (2005) as amended by Erratum, DA 05-3061 rel. Nov.
    25, 2005 (*800 MHz MO&O*)*.*

[^285]: *See generally Streamlining and Harmonization Report and Order*,
    20 FCC Rcd at 13900.

[^286]: "900 MHz Specialized Mobile Radio (SMR) Service Auction Closes;
    Winning Bidders Announced," *Public Notice*, DA 04-578 (rel. Mar. 2,
    2004).

[^287]: 47 C.F.R. Part 90, subpart T.

[^288]: 47 C.F.R. Part 90, subpart W.

[^289]: *See* Amendment of Part 90 of the Commission's Rules to Provide
    for the Use of the 220-222 MHz Band by the Private Land Mobile Radio
    Services, PR Docket No. 89-552, *Third Report and Order; Fifth
    Notice of Proposed Rulemaking*, 12 FCC Rcd 10943 (1997) (*220 MHz
    Third Report and Order*).

[^290]: *See* Amendment of Part 90 of the Commission's Rules to Provide
    for the Use of the 220-222 MHz Band by the Private Land Mobile Radio
    Services*, Fourth Report and Order*, 12 FCC Rcd 13453 (1997).

[^291]: *See* Amendment of Part 90 of the Commission's Rules to Provide
    for the Use of the 220-222 MHz Band by the Private Land Mobile Radio
    Services, *Memorandum Opinion Order on Reconsideration*, 13 FCC Rcd
    14569 (1998).

[^292]: *Id.*

[^293]: *See* *Streamlining and Harmonization Report and Order*, 20 FCC
    Rcd 13900 at ¶ 46.

[^294]: *See* Wireless Operations in the 3650-3700 MHz Band, ET Docket
    No. 04-151, WT Docket No. 05-96, *Report and Order and Memorandum
    Opinion and Order*, 20 FCC Rcd 6502 (2005).

[^295]: 47 C.F.R. Part 95.

[^296]: Amendment of Part 95 of the Commission's Rules to Provide
    Regulatory Flexibility in the 218-219 MHz Service*, Memorandum
    Opinion and Order and Notice of Proposed Rulemaking*, 13 FCC Rcd
    19064 (1988), *recon. granted* 14 FCC Rcd 21078 (1999), *recon.
    denied* 15 FCC Rcd 25020 (2000).

[^297]: 47 C.F.R. Part 1.

[^298]: 47 C.F.R. Part 101.

[^299]: *See, e.g.,* 47 C.F.R. §§ 101.21(e), 101.61(c).

[^300]: *See, e.g.*, 47 C.F.R. §§ 101.13, 101.15.

[^301]: Reorganization and Revision of Parts 1, 2, 21, and 94 of the
    Rules to Establish a New Part 101 Governing Terrestrial Microwave
    Fixed Radio Services*, Report and Order*, 11 FCC Rcd 13449 (1996).

[^302]: *Id.* at 13452-53.

[^303]: See further discussion of MVDDS (subpart P) and 70/80/90 GHz
    (subpart Q), *infra*.

[^304]: *See* Rechannelization of the 17.7-19.7 GHz Frequency Band for
    Fixed Microwave Services under Part 101 of the Commission's Rules,
    WT Docket No. 04-143, *Report and Order*, FCC 06-141 (rel. Sept. 29,
    2006). *See also*, WT Docket No. 04-143, *Notice of Proposed
    Rulemaking*, 19 FCC Rcd 11658 (2004).

[^305]: *See* Review of Quiet Zones Application Procedures, WT Docket
    No. 01-319, *Report and Order*, 19 FCC Rcd 3267 (2004).

[^306]: *See* Amendment of the Commission\'s Rules Regarding the
    37.0-38.6 GHz, ET Docket No. 95-183, *Third Notice of Proposed Rule
    Making,* 19 FCC Rcd 8232 (2004).

[^307]: *See* Redesignation of the 17.7-19.7 GHz Frequency Band, Blanket
    Licensing of Satellite Earth Stations in the 17.7-20.2 GHz and
    27.5-30.0 GHz Frequency Bands, and the Allocation of Additional
    Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands
    for Broadcast Satellite-Service Use, IB Docket 98-172, *Third Order
    on Reconsideration,* 19 FCC Rcd 10777 (2004).

[^308]: *See* Redesignation of the 17.7-19.7 GHz Frequency Band, Blanket
    Licensing of Satellite Earth Stations in the 17.7-20.2 GHz and
    27.5-30.0 GHz Frequency Bands, and the Allocation of Additional
    Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands
    for Broadcast Satellite-Service Use, IB Docket 98-172, *Second Order
    on Reconsideration*, 17 FCC Rcd 24248 (2002).

[^309]: "24 GHz Service Spectrum Auction Closes; Winning Bidders
    Announced," *Public Notice*, DA 04-2429 (rel. Aug. 2, 2004).

[^310]: "Auction of Multichannel Video Distribution and Data Service
    Licenses Closes, Winning Bidders Announced for Auction No. 63,"
    *Public Notice*, DA 05-3164 (rel. Dec. 14, 2005).

[^311]: *See* 24 GHz Service Spectrum Auction Closes, *Public Notice*,
    DA 04-2429 (rel. Aug. 2, 2004).

[^312]: Amendments to Parts 1, 2, 87 and 101 of the Commission's Rules
    to License Fixed Services at 24 GHz, WT Docket No. 99-327,
    *Erratum*, 19 FCC Rcd 9846 (WTB BD 2004).

[^313]: 47 C.F.R. Part 101.

[^314]: Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's
    Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate
    the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies
    for Local Multipoint Distribution Service and for Fixed Satellite
    Services*, Sixth Notice of Proposed Rulemaking*, 14 FCC Rcd 21520,
    21532 ¶ 32 (1999).

[^315]: *See generally* Rulemaking to Amend Parts 1, 2, 21, and 25 of
    the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency
    Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish
    Rules and Policies for Local Multipoint Distribution Service and for
    Fixed Satellite Services, *Third Report and Order and Memorandum
    Opinion and Order*, 15 FCC Rcd 11857, 11875 App. B (comprehensive
    list of LMDS launches and the types of service each carrier is
    providing) (*LMDS Third Report and Order*).

[^316]: *See id*.

[^317]: *Id.*

[^318]: *Id.* at 11871 ¶ 33.

[^319]: *See* FCC Report to Congress on Spectrum Auctions, WT Docket No.
    97-150, *Report*, FCC 97-353, Section III, p. 8 (rel. October 9,
    1997) (citing studies estimating costs of \$800 per application
    under the lottery system and \$130,000 per application under the
    comparative hearing process).

[^320]: 47 C.F.R. Part 101.

[^321]: *See FCC Report to Congress on Spectrum Auctions*, WT Docket No.
    97-150, *Report*, FCC 97-353, Section III, pg. 8 (rel. October 9,
    1997) (citing studies estimating costs of \$800 per application
    under the lottery system and \$130,000 per application under the
    comparative hearing process).

[^322]: 47 C.F.R. Part 101.

[^323]: 47 C.F.R. §§ 101.1401-101.1440.

[^324]: Amendment of Parts 2 and 25 of the Commission's Rules to Permit
    Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial
    Systems in the Ku-Band Frequency Range; Amendment of the
    Commission\'s Rules to Authorize Subsidiary Terrestrial Use of the
    12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their
    Affiliates; and Applications of Broadwave USA, PDC Broadband
    Corporation, and Satellite Receivers, Ltd. to Provide a Fixed
    Service in the 12.2-12.7 GHz Band, ET Docket No. 98-206, *Memorandum
    Opinion and Order and Second Report and Order*, 17 FCC Rcd 9614,
    9680 (2002) (*MVDDS Second R&O*).

[^325]: *See* Wireless Telecommunications Bureau Grants Multichannel
    Video Distribution and Data Service Licenses, *Public Notice*, DA
    04-2331 (rel. July 27, 2004) (granting 154 licenses); Wireless
    Telecommunications Bureau Grants Multichannel Video Distribution and
    Data Service Licenses to South.Com LLC, DA 04-2547, *Public Notice*,
    (rel. Aug. 18, 2004) (granting 37 licenses); and DTV Norwich, LLC,
    Application for Multichannel Video Distribution and Data Service
    License, MVD001-New York; Request for Waiver of Section
    101.1412(g)(4) of the Commission's Rules, *Order*, DA 04-3044 (rel.
    Sept, 23, 2004) (granting one license).

[^326]: *See* note Error: Reference source not found, *supra.*

[^327]: 47 C.F.R. Part 101.

[^328]: *See* Allocations and Service Rules for the 71-76 GHz, 81-86 GHz
    and 92-95 GHz Bands, WT Docket No. 02-146, *Report and Order*, 18
    FCC Rcd 23318 (2003) (*Report and Order*) .

[^329]: *Id*. at 23319 n.3.

[^330]: *See* Wireless Telecommunications Bureau Announces Licensing and
    Interim Link Registration Process, Including Start Date for Filing
    Applications for Non-exclusive Nationwide Licenses in the 71-76 GHz,
    81-86GHz, and 92-95GHz Bands, *Public Notice*, 19 FCC Rcd 9439
    (2004).

[^331]: *See* Allocation and Service Rules for the 71-76 GHz, 81-86 GHz
    and 92-95 GHz Bands, WT Docket No. 02-146, *Order*, DA 04-3151 (rel.
    Sept. 29, 2004). *See also* Wireless Telecommunications Bureau Opens
    Filing Window for Proposals to Develop and Manage Independent
    Database of Site Registrations by Licensees in the 71-76 GHz, 81-86
    GHz and 92-95 GHz Bands, *Public Notice*, 19 FCC Rcd 4597 (WTB BD
    2004).

[^332]: *See* Allocations and Service Rules for the 71-76 GHz, 81-86 GHz
    and 92-95 GHz Bands, WT Docket No. 02-146, *Memorandum Opinion and
    Order*, 20 FCC Rcd 4889 (2005).