**Before the**

**Federal Communications Commission\
Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | WT Docket No. 07-195         |
|                                  | * |                              |
| Service Rules for Advanced       | ) | WT Docket No. 04-356         |
| Wireless Services                | * |                              |
|                                  | * |                              |
| in the 2155-2175 MHz Band        |   |                              |
|                                  | * |                              |
| Service Rules for Advanced       | * |                              |
| Wireless Services in the         | ) |                              |
| 1915-1920 MHz, 1995-2000 MHz,    | * |                              |
| 2020-2025 MHz and 2175-2180 MHz  | * |                              |
| Bands                            |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
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|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
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|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

Further Notice Of Proposed Rulemaking

**Adopted: June 20, 2008 Released: June 20, 2008**

**Comment Date: (14 days after publication in the Federal Register)**

**Reply Comment Date: (21 days after publication in the Federal
Register)**

By the Commission:

# introduction

1.  In this Further Notice of Proposed Rule Making (*Further Notice*),
    we seek comment on proposed service rules for Advanced Wireless
    Service (AWS) [^1] spectrum in the 1915-1920 MHz, 1995-2000 MHz, and
    2155-2180 MHz bands, as set forth in Appendix A. In taking a further
    step towards adoption of service rules for these bands, our goal is
    to promote the deployment and ubiquitous availability of broadband
    services across the country and to facilitate the use of AWS
    spectrum for the benefit of consumers.

# Discussion

2.  In a Notice of Proposed Rulemaking in WT Docket No. 04-356, the
    Commission sought comment on rules for AWS spectrum in the 1915-1920
    MHz, 1995-2000 MHz, 2020-2025 MHz, and 2175-2180 MHz bands.[^2] In a
    Notice of Proposed Rulemaking in WT Docket No. 07-195, we sought
    comment on rules for AWS spectrum in the 2155-2175 MHz band.[^3] To
    further supplement these *Notices of Proposed Rulemaking* and the
    current extensive record in these proceedings, we are seeking
    expedited comment on a proposed set of rules for these bands. We
    will consider comments on these proposed rules in conjunction with
    the record developed in response to the various proposals set out in
    the earlier *Notices.*

3.  Specifically, we propose to adopt application, licensing, operating,
    and technical rules for the 2155-2180 MHz band (AWS-3 band),
    including rules that would:

-   Combine the 2155-2175 MHz band with the 2175-2180 MHz band in order
    to create a 25 megahertz block of spectrum.

-   Permit downlink and uplink transmissions throughout the entire
    2155-2180 MHz band.

-   Adopt a single nationwide license for the 2155-2180 MHz band.

-   Adopt open eligibility for the 2155-2180 MHz band.

-   Require the licensee to provide free, two-way broadband Internet
    service including:

    -   engineered data rates of at least 768 kbps downstream using up
        to 25 percent of the licensee's wireless network capacity.

    -   an "always on" network-based filtering mechanism.

-   Require the licensee to provide for open devices and open
    applications for its premium service and open devices for its free
    service.

-   Provide an initial license term of ten years and subsequent renewal
    terms of ten years.

-   Require the licensee to provide signal coverage and offer service
    to: 1) at least 50 percent of the total population of the nation
    within four years of commencement of the license term and 2) at
    least 95 percent of the total population of the nation at the end of
    the 10-year license term.

-   Allow licensees to disaggregate, partition, and lease the spectrum.

-   Provide that mutually exclusive applications should be resolved
    through competitive bidding.

-   Require AWS-3 mobiles to attenuate out-of-band emissions (OOBE) by
    60 + 10log (P) dB outside of the AWS-3 band, and establish a power
    limit for AWS-3 mobile devices of 23 dBm/MHz equivalent
    isotropically radiated power (EIRP).

-   Require an OOBE limit of 43 + 10 log (P) dB for AWS-3 base and fixed
    downlink stations and a power limit of 1640 watts peak EIRP in
    non-rural areas and 3280 watts peak EIRP in rural areas.

4.  We also propose to adopt application, licensing, operating, and
    technical rules for the 1915-1920 MHz and 1995-2000 MHz bands (H
    Block), including rules that would:

-   License the H Block using exclusive geographic area licensing on a
    Basic Trading Area (BTA) basis.

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-   Adopt open eligibility for the H Block.

-   Provide an initial license term of ten years and subsequent renewal
    terms of ten years.

-   Require an H Block licensee to provide signal coverage and offer
    service to: 1) at least 35 percent of the population in each
    licensed area within four years and 2) at least 70 percent of the
    population in each licensed area at the end of the license term.

-   Allow licensees to disaggregate, partition, and lease the spectrum.

-   Provide that mutually exclusive applications should be resolved
    through competitive bidding.

-   Require H Block licensees in the 1915-1920 MHz band to pay a *pro
    rata* share of expenses previously incurred by UTAM Inc. in clearing
    that band.

```{=html}
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```
-   Adopt both relocation requirements for H Block entrants in the
    1995-2000 MHz band and procedures for cost-sharing among other new
    entrants in the Broadcast Auxiliary Service band, including Sprint
    Nextel and Mobile Satellite Service entrants.

-   Prohibit base and fixed transmission in the 1915-1920 MHz band.

-   Require mobiles at 1915-1920 MHz to attenuate OOBE by 90 + 10log P
    dB within the PCS band (1930-1990 MHz band), and establish a power
    limit for mobiles of 23 dBm/MHz EIRP.

-   Prohibit mobile transmission in the 1995-2000 MHz band.

-   Adopt an OOBE limit of 43 + 10 log (P) dB for base and fixed
    stations at 1995-2000 MHz and a power limit of 1640 watts peak EIRP
    in non-rural areas and 3280 watts peak EIRP in rural areas.

5.  We seek comment on these proposed rules for the AWS-3 band and the H
    Block, as set forth in Appendix A. We note that combining the
    2155-2175 MHz band with the 2175-2180 MHz band may allow an AWS-3
    licensee to make more robust use of this spectrum block while
    meeting a stricter OOBE limit than traditionally applied in bands
    designated for flexible use, such as the AWS-1 and 700 MHz
    bands.[^4] To the extent that commenters do not support combining
    the 2155-2175 MHz band with the 2175-2180 MHz band, they should
    indicate whether, in the alternative, a more traditional OOBE limit
    of 43+10log(P) dB would be appropriate for the 2155-2175 MHz band.

# Procedural Matters

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

6.  This is a permit-but-disclose notice and comment rulemaking
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, provided they are disclosed pursuant to
    the Commission's rules.[^5]

## Comment Period and Procedures

7.  Pursuant to applicable procedures set forth in Sections 1.415 and
    1.419 of the Commission's rules,[^6] interested parties may file
    comments on this *Further Notice* on or before **14 days after
    publication in the Federal Register,** and interested parties may
    file reply comments on this *Further Notice* on or before **21 days
    after publication in the Federal Register**. Comments and reply
    comments should be filed in **WT Docket No. 07‑195, and WT Docket
    No. 04-356**, and may be filed using the Commission's Electronic
    Comment Filing System (ECFS) or by filing paper copies.[^7] All
    relevant and timely comments will be considered by the Commission
    before final action is taken in this proceeding.

8.  Comments filed through the ECFS can be sent as an electronic file
    via the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>. In
    completing the transmittal screen, commenters should include their
    full name, Postal Service mailing address, and the applicable docket
    number. Parties may also submit an electronic comment by e-mail via
    the Internet. To obtain filing instructions for e-mail comments,
    commenters should send an e-mail to \<ecfs@fcc.gov\>, and should
    include the following words in the body of the message: "get form
    \<your e-mail address\>." A sample form and directions will be sent
    in reply.

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

10. Parties who choose to file by paper should also submit their
    comments on diskette. These diskettes should be attached to the
    original paper filing submitted to the Office of the Secretary. Such
    a submission should be on a 3.5 inch diskette formatted in an IBM
    compatible format using Microsoft ^TM^ Word 97 for Windows or
    compatible software. The diskette should be accompanied by a cover
    letter and should be submitted in "read only" mode. The diskette
    should be clearly labeled with the commenter's name, proceeding,
    type of pleading (comment or reply comment), date of submission, and
    the name of the electronic file on the diskette. The label should
    also include the following phrase "Disk Copy -- Not an Original."
    Each diskette should contain only one party's pleadings, preferably
    in a single electronic file. In addition, commenters should send
    diskette copies to the Commission's copy contractor, Best Copy and
    Printing, Inc., 445 12^th^ Street, SW, Room CY-B402, Washington, DC,
    20554, 202-863-2893.

11. The public may view the documents filed in this proceeding during
    regular business hours in the FCC Reference Information Center,
    Federal Communications Commission, 445 12^th^ Street, S.W., Room
    CY-A257, Washington, D. C. 20554, and on the Commission's Internet
    Home Page: \<http://www.fcc.gov\>. Copies of comments and reply
    comments are also available through the Commission's duplicating
    contractor: Best Copy and Printing, Inc., 445 12^th^ Street, SW,
    Room CY-B402, Washington, DC, 20554, (202) 863-2893. Accessible
    formats (computer diskettes, large print, audio recording and
    Braille) are available to persons with disabilities by contacting
    Brian Millin, of the Consumer & Governmental Affairs Bureau,
    at (202) 418-7426, TTY (202) 418-7365, or at \<bmillin@fcc.gov\>.

## Supplemental Initial Regulatory Flexibility Analysis

12. As required by the Regulatory Flexibility Act of 1980 (RFA),[^8] the
    Commission has prepared a Supplemental Initial Regulatory
    Flexibility Analysis (IRFA) of the possible significant economic
    impact on small entities of the policies and rules proposed in the
    Notice. The analysis is found in attached Appendix B. We request
    written public comment on the analysis. Comments must be filed by
    the same dates as listed in paragraph above, and must have a
    separate and distinct heading designating them as responses to the
    Supplemental IRFA. The Commission**'**s Consumer and Governmental
    Affairs Bureau, Reference Information Center, will send a copy of
    this Further Notice, including the Supplemental IRFA, to the Chief
    Counsel for Advocacy of the Small Business Administration.

## Initial Paperwork Reduction Analysis

13. This document contains proposed new or modified information
    collection requirements. The Commission, as part of its continuing
    effort to reduce paperwork burdens, invites the general public and
    the Office of Management and Budget (OMB) to comment on the
    information collection requirements contained in this document, as
    required by the Paperwork Reduction Act of 1995, Public Law 104-13.
    Public and agency comments are due 60 days after date of publication
    in the Federal Register. Comments should address: (a) whether the
    proposed collection of information is necessary for the proper
    performance of the functions of the Commission, including whether
    the information shall have practical utility; (b) the accuracy of
    the Commission\'s burden estimates; (c) ways to enhance the quality,
    utility, and clarity of the information collected; and (d) ways to
    minimize the burden of the collection of information on the
    respondents, including the use of automated collection techniques or
    other forms of information technology. In addition, pursuant to the
    Small Business Paperwork Relief Act of 2002,[^9] we seek specific
    comment on how we might "further reduce the information collection
    burden for small business concerns with fewer than 25 employees."

14. In addition to filing comments with the Secretary, a copy of any
    comments on the information collections contained herein should be
    submitted to Judith Boley Herman, Federal Communications Commission,
    445 12^th^ Street, S.W., Room 1-B441, Washington, D.C. 20554, or via
    the Internet to \<Judith-B.Herman@fcc.gov\>, and to Nicholas A.
    Fraser, Policy Analyst, Office of Management and Budget (OMB), Room
    10236, New Executive Office Building (NEOB), 725 17^th^ Street,
    N.W., Washington, D.C. 20503, 202-395-5887, via the Internet at
    \<nfraser@omb.eop.gov\> or via fax at 202-395-5167.

## Further Information

15. For further information concerning this rulemaking proceeding,
    contact Peter Daronco, Broadband Division, at (202) 418-2487,
    Wireless Telecommunications Bureau, Federal Communications
    Commission, 445 12^th^ Street, S.W., Room 3-C124, Washington, D.C.
    20554; or via the Internet to \<peter.daronco@fcc.gov\>.

# Ordering Clauses

16. Accordingly, IT IS ORDERED, pursuant to sections 1, 2, 4(i), 7, 10,
    201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332 and 333
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
    152, 154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310,
    319, 324, 332, 333, that this Further Notice of Proposed Rulemaking
    is hereby ADOPTED.

17. IT IS FURTHER ORDERED that NOTICE IS HEREBY GIVEN of the proposed
    regulatory changes described in this Further Notice, and that
    comment is sought on these proposals.

18. IT IS FURTHER ORDERED that the Supplemental Initial Regulatory
    Flexibility Analysis IS ADOPTED.

19. IT IS FURTHER ORDERED that the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this Further Notice, including the Supplemental
    Initial Regulatory Flexibility Analysis, to the Chief Counsel for
    Advocacy of the Small Business Administration.

> Federal Communications Commission
>
> Marlene H. Dortch
>
> Secretary

**APPENDIX A**

**Proposed Rules**

**Part 27 of Title 47 of the Code of Federal Regulations is proposed to
be amended as follows:**

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

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

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

2.  Section 27.1 is revised as follows:

**§ 27.1 Basis and purpose.**

This section contains the statutory basis for this part of the rules and
provides the purpose for which this part is issued.

\(a\) Basis. The rules for miscellaneous wireless communications
services (WCS) in this part are promulgated under the provisions of the
Communications Act of 1934, as amended, that vest authority in the
Federal Communications Commission to regulate radio transmission and to
issue licenses for radio stations.

\(b\) Purpose. This part states the conditions under which spectrum is
made available and licensed for the provision of wireless communications
services in the following bands.

\(1\) 2305--2320 MHz and 2345--2360 MHz.

\(2\) 746--763 MHz, 775--793 MHz, and 805--806 MHz.

\(3\) 698--746 MHz.

\(4\) 1390--1392 MHz.

\(5\) 1392--1395 MHz and 1432--1435 MHz.

\(6\) 1670--1675 MHz.

\(7\) \[Reserved\]

\(8\) 1710--1755 MHz and 2110--2155 MHz.

\(9\) 2495--2690 MHz.

\(10\) 2155-2180 MHz.

\(11\) 1915-1920 MHz and 1995-2000 MHz.

\(c\) Scope. The rules in this part apply only to stations authorized
under this part.

3.  Section 27.4 is revised to add new definitions in alphabetically
    appropriate locations as follows:

**§ 27.4 Terms and Definitions.**\
\
*Downlink Fixed Station*. A fixed station employed by a carrier or
licensee to transmit to an end user's fixed station.

*Uplink Fixed Station*. A fixed station employed by an end user to
transmit to a carrier's or licensee's fixed stations.

4.  Section 27.5 is revised to add new paragraphs (j) and (k) as
    follows:

**§ 27.5 Frequencies.**

\* \* \*

\(j\) *2155--2180 MHz band*. The 2155--2180 MHz band is available for
assignment for Advanced Wireless Services

k\) *The paired 1915-1920 MHz and 1995-2000 MHz*.  The paired 1915-1920
MHz and 1995-2000 MHz bands are available for assignment for Advanced
Wireless Services.  Each winning bidder awarded a license in the initial
AWS auction for spectrum authorizations in the 1915-1920 MHz band must
reimburse UTAM, Inc. a *pro rata share* of the total expenses incurred
by UTAM, Inc. as of the date that the new entrants gain access to the
band.  Specifically, AWS licensees in the 1915-1920 MHz band, which
constitutes 25% of the 1910-1930 MHz band, shall, on a *pro rata* shared
basis, reimburse 25% of the total relocation costs incurred by UTAM,
Inc. in clearing the 1910-1930 MHz band of Part 101 Fixed Microwave
Service (FS) links.  We will require a winning bidder of an AWS H Block
license (1915-1920 MHz; 1995-2000 MHz) to reimburse UTAM, Inc. pursuant
to the following formula within 30 days of grant of their long-form
application for the license.  The amount owed will be determined by
multiplying the net winning bid for an H Block license (*i.e.*, an
individual BTA) by \$12,629,857 and then dividing by the sum of the net
winning bids for all H Block licenses won in the initial auction.  New
entrants will be responsible for the actual costs associated with future
relocation activities in their licensed spectrum, but will be entitled
to seek reimbursement from UTAM, Inc. for the proportion of those band
clearing costs that benefit users of the 1910-1915 MHz and 1920-1930 MHz
band.  Because the Commission's Rules governing the relocation of FS
licensees from this band and the right to compensation for costs
associated with such relocation has already sunset on April 4, 2005, AWS
licensees at 1915-1920 MHz are not responsible for reimbursing PCS
entities for any costs incurred by PCS entities, other than those
incurred by UTAM, Inc. as noted above, for the relocation of FS links
that may otherwise have triggered a cost-sharing obligation absent the
sunset date for those rules.

5.  Section 27.6 is revised by amending paragraphs (a) and (h) as
    follows:

**§ 27.6 Service areas.**

a\) WCS and AWS service areas include Basic Trading Areas (as defined in
section 24.202(b) of this chapter), Economic Areas (EAs), Major Economic
Areas (MEAs), Regional Economic Area Groupings (REAGs), cellular markets
comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas
(RSAs), and a nationwide area. MEAs and REAGs are defined in the Table
immediately following paragraph (a)(1) of this section. Both MEAs and
REAGs are based on the U.S. Department of Commerce\'s EAs. See 60 FR
13114 (March 10, 1995). In addition, the Commission shall separately
license Guam and the Northern Mariana Islands, Puerto Rico and the
United States Virgin Islands, American Samoa, and the Gulf of Mexico,
which have been assigned Commission-created EA numbers 173--176,
respectively. The nationwide area is composed of the contiguous 48
states, Alaska, Hawaii, the Gulf of Mexico, and the U.S. territories.
Maps of the EAs, MEAs, MSAs, RSAs, and REAGs and the Federal Register
Notice that established the 172 EAs are available for public inspection
and copying at the Reference Information Center, Consumer and
Governmental Affairs Bureau, Federal Communications Commission, 445 12th
Street, SW., Washington, DC 20554.

\(h\) *Advanced Wireless Services* (*AWS*). AWS service areas for the
1710--1755 MHz and 2110-2155 MHz, 1915-1920 MHz and 1995-2000 MHz, and
2155-2180 MHz bands are as follows:

\(1\) Service areas for Block A (1710--1720 MHz and 2110--2120 MHz) are
based on cellular markets comprising Metropolitan Statistical Areas
(MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report
No. CL--92--40 "Common Carrier Public Mobile Services Information,
Cellular MSA/RSA Markets and Counties," dated January 24, 1992, DA
92--109, 7 FCC Rcd 742 (1992), with the following modifications:

\(i\) The service areas of cellular markets that border the U.S.
coastline of the Gulf of Mexico extend 12 nautical miles from the U.S.
Gulf coastline.

\(ii\) The service area of cellular market 306 that comprises the water
area of the Gulf of Mexico extends from 12 nautical miles off the U.S.
Gulf coast outward into the Gulf.

\(2\) Service areas for Blocks B (1720--1730 MHz and 2120--2130 MHz) and
C (1730--1735 MHz and 2130--2135 MHz) are based on Economic Areas (EAs)
as defined in paragraph (a) of this section.

\(3\) Service areas for blocks D (1735--1740 MHz and 2135--2140 MHz), E
(1740--1745 MHz and 2140--2145 MHz) and F (1745--1755 MHz and 2145--2155
MHz) are based on Regional Economic Area Groupings (REAGs) as defined by
paragraph (a) of this section.

\(4\) The service areas for 1915-1920 and 1995-2000 MHz Service are
based on Basic Trading Areas as defined in paragraph (a) of this
section.

\(5\) The service area for 2155-2180 MHz is nationwide as defined by
paragraph (a) of this section.

\* \* \* \* \*

6.  Section 27.11 is revised to add new paragraphs (j) and (k) as
    follows:

**§ 27.11 Initial authorization.**

\* \* \*

\(j\) *2155--2180 MHz band*. Authorization for the 2155--2180 MHz band
shall consist of a single 25 megahertz block of spectrum based on the
geographic area specified in § 27.6(h).

\(k\) *The paired 1915-1920 MHz and 1995-2000 MHz bands*. Authorizations
for the paired 1915-1920 MHz and 1995-2000 MHz bands shall consist of
two paired channels of 5 megahertz each based on the geographic areas
specified in §27.6(h).

7.  Section 27.13 is revised to add new paragraphs (i) and (j) as
    follows:

**§ 27.13 License period.**

\* \* \*

\(i\) *2155-2180 MHz band*. Initial authorizations for the 2155-2180 MHz
band will have a term not to exceed ten years from the date of initial
issuance or renewal.

\(i\) *The paired 1915-1920 MHz and 1995-2000 MHz bands*. Initial
authorizations for the paired 1915-1920 MHz and 1995-2000 MHz bands will
have a term not to exceed ten years from the date of initial issuance or
renewal.

8.  Section 27.14 is revised as follows:

**§ 27.14 Construction requirements; Criteria for renewal.**

\(a\) AWS and WCS licensees, with the exception of WCS licensees holding
authorizations for Block A in the 698--704 MHz and 728--734 MHz bands,
Block B in the 704--710 MHz and 734--740 MHz bands, Block E in the
722--728 MHz band, Block C, C1, or C2 in the 746--757 MHz and 776--787
MHz bands, or Block D in the 758--763 MHz and 788--793 MHz bands, and
with the exception of AWS licensees holding authorizations in the
1915-1920 MHz, 1995-2000 MHz, and 2155-2180 MHz bands, must, as a
performance requirement, make a showing of "substantial service" in
their license area within the prescribed license term set forth in
§27.13. "Substantial service" is defined as service which is sound,
favorable and substantially above a level of mediocre service which just
might minimally warrant renewal. Failure by any licensee to meet this
requirement will result in forfeiture of the license and the licensee
will be ineligible to regain it.

\(b\) A renewal applicant involved in a comparative renewal proceeding
shall receive a preference, commonly referred to as a renewal
expectancy, which is the most important comparative factor to be
considered in the proceeding, if its past record for the relevant
license period demonstrates that:

\(1\) The renewal applicant has provided "substantial" service during
its past license term; and

\(2\) The renewal applicant has substantially complied with applicable
FCC rules, policies and the Communications Act of 1934, as amended.

\(c\) In order to establish its right to a renewal expectancy, a WCS
renewal applicant involved in a comparative renewal proceeding must
submit a showing explaining why it should receive a renewal expectancy.
At a minimum, this showing must include:

\(1\) A description of its current service in terms of geographic
coverage and population served;

\(2\) An explanation of its record of expansion, including a timetable
of new construction to meet changes in demand for service;

\(3\) A description of its investments in its WCS system; and

\(4\) Copies of all FCC orders finding the licensee to have violated the
Communications Act or any FCC rule or policy; and a list of any pending
proceedings that relate to any matter described in this paragraph.

\(d\) In making its showing of entitlement to a renewal expectancy, a
renewal applicant may claim credit for any system modification
applications that were pending on the date it filed its renewal
application. Such credit will not be allowed if the modification
application is dismissed or denied.

\(e\) Comparative renewal proceedings do not apply to AWS licensees
holding authorizations in the 1915-1920 MHz, 1995-2000 MHz, and
2155-2180 MHz bands or to WCS licensees holding authorizations for Block
A in the 698--704 MHz, 728--734 MHz bands, Block B in the 704--710 MHz
and 734--740 MHz bands, Block C in the 710--716 MHz and 740--746 MHz
bands, Block D in the 716--722 MHz band, Block E in the 722--728 MHz
band, Block C, C1, or C2 in the 746--757 MHz and 776--787 MHz bands, or
Block D in the 758--763 MHz and 788--793 MHz bands. Each of these
licensees must file a renewal application in accordance with the
provisions set forth in §1.949, and must make a showing of substantial
service, independent of its performance requirements, as a condition for
renewal at the end of each license term.

\(f\) Comparative renewal proceedings do not apply to WCS licensees
holding authorizations for the 698--746 MHz, 747--762 MHz, and 777--792
MHz bands. These licensees must file a renewal application in accordance
with the provisions set forth in §1.949 of this chapter.

\(g\) WCS licensees holding EA authorizations for Block A in the
698--704 MHz and 728--734 MHz bands, cellular market authorizations for
Block B in the 704--710 MHz and 734--740 MHz bands, or EA authorizations
for Block E in the 722--728 MHz band, if the results of the first
auction in which licenses for such authorizations are offered satisfy
the reserve price for the applicable block, shall provide signal
coverage and offer service over at least 35 percent of the geographic
area of each of their license authorizations no later than February 17,
2013 (or within four years of initial license grant if the initial
authorization in a market is granted after February 17, 2009), and shall
provide such service over at least 70 percent of the geographic area of
each of these authorizations by the end of the license term. In applying
these geographic benchmarks, licensees are not required to include land
owned or administered by government as a part of the relevant service
area. Licensees may count covered government land for purposes of
meeting their geographic construction benchmark, but are required to add
the covered government land to the total geographic area used for
measurement purposes. Licensees are required to include those populated
lands held by tribal governments and those held by the Federal
Government in trust or for the benefit of a recognized tribe.

\(1\) If an EA or CMA licensee holding an authorization in these
particular blocks fails to provide signal coverage and offer service
over at least 35 percent of the geographic area of its license
authorization by no later than February 17, 2013 (or within four years
of initial license grant, if the initial authorization in a market is
granted after February 17, 2009), the term of that license authorization
will be reduced by two years and such licensee may be subject to
enforcement action, including forfeitures. In addition, an EA or CMA
licensee that provides signal coverage and offers service at a level
that is below this interim benchmark may lose authority to operate in
part of the remaining unserved areas of the license.

\(2\) If any such EA or CMA licensee fails to provide signal coverage
and offer service to at least 70 percent of the geographic area of its
license authorization by the end of the license term, that licensee\'s
authorization will terminate automatically without Commission action for
those geographic portions of its license in which the licensee is not
providing service, and those unserved areas will become available for
reassignment by the Commission. Such licensee may also be subject to
enforcement action, including forfeitures. In addition, an EA or CMA
licensee that provides signal coverage and offers service at a level
that is below this end-of-term benchmark may be subject to license
termination. In the event that a licensee\'s authority to operate in a
license area terminates automatically without Commission action, such
areas will become available for reassignment pursuant to the procedures
in paragraph (j) of this section.

\(3\) For licenses under paragraph (g) of this section, the geographic
service area to be made available for reassignment must include a
contiguous area of at least 130 square kilometers (50 square miles), and
areas smaller than a contiguous area of at least 130 square kilometers
(50 square miles) will not be deemed unserved.

\(h\) WCS licensees holding REAG authorizations for Block C in the
746--757 MHz and 776--787 MHz bands or REAG authorizations for Block C2
in the 752--757 MHz and 782--787 MHz bands shall provide signal coverage
and offer service over at least 40 percent of the population in each EA
comprising the REAG license area no later than February 17, 2013 (or
within four years of initial license grant, if the initial authorization
in a market is granted after February 17, 2009), and shall provide such
service over at least 75 percent of the population of each of these EAs
by the end of the license term. For purposes of compliance with this
requirement, licensees should determine population based on the most
recently available U.S. Census Data.

\(1\) If a licensee holding a Block C authorization fails to provide
signal coverage and offer service over at least 40 percent of the
population in each EA comprising the REAG license area by no later than
February 17, 2013 (or within four years of initial license grant if the
initial authorization in a market is granted after February 17, 2009),
the term of the license authorization will be reduced by two years and
such licensee may be subject to enforcement action, including
forfeitures. In addition, a licensee that provides signal coverage and
offers service at a level that is below this interim benchmark may lose
authority to operate in part of the remaining unserved areas of the
license.

\(2\) If a licensee holding a Block C authorization fails to provide
signal coverage and offer service over at least 75 percent of the
population in any EA comprising the REAG license area by the end of the
license term, for each such EA that licensee\'s authorization will
terminate automatically without Commission action for those geographic
portions of its license in which the licensee is not providing service.
Such licensee may also be subject to enforcement action, including
forfeitures. In the event that a licensee\'s authority to operate in a
license area terminates automatically without Commission action, such
areas will become available for reassignment pursuant to the procedures
in paragraph (j) of this section. In addition, a REAG licensee that
provides signal coverage and offers service at a level that is below
this end-of-term benchmark within any EA may be subject to license
termination within that EA.

\(3\) For licenses under paragraph (h), the geographic service area to
be made available for reassignment must include a contiguous area of at
least 130 square kilometers (50 square miles), and areas smaller than a
contiguous area of at least 130 square kilometers (50 square miles) will
not be deemed unserved.

\(i\) WCS licensees holding EA authorizations for Block A in the
698--704 MHz and 728--734 MHz bands, cellular market authorizations for
Block B in the 704--710 MHz and 734--740 MHz bands, or EA authorizations
for Block E in the 722--728 MHz band, if the results of the first
auction in which licenses for such authorizations in Blocks A, B, and E
are offered do not satisfy the reserve price for the applicable block,
as well as EA authorizations for Block C1 in the 746--752 MHz and
776--782 MHz bands, are subject to the following:

\(1\) If a licensee holding a cellular market area or EA authorization
subject to this paragraph (i) fails to provide signal coverage and offer
service over at least 40 percent of the population in its license area
by no later than February 17, 2013 (or within four years of initial
license grant, if the initial authorization in a market is granted after
February 17, 2009), the term of that license authorization will be
reduced by two years and such licensee may be subject to enforcement
action, including forfeitures. In addition, such licensee that provides
signal coverage and offers service at a level that is below this interim
benchmark may lose authority to operate in part of the remaining
unserved areas of the license. For purposes of compliance with this
requirement, licensees should determine population based on the most
recently available U.S. Census Data.

\(2\) If a licensee holding a cellular market area or EA authorization
subject to this paragraph (i) fails to provide signal coverage and offer
service over at least 75 percent of the population in its license area
by the end of the license term, that licensee\'s authorization will
terminate automatically without Commission action for those geographic
portions of its license in which the licensee is not providing service,
and those unserved areas will become available for reassignment by the
Commission. Such licensee may also be subject to enforcement action,
including forfeitures. In the event that a licensee\'s authority to
operate in a license area terminates automatically without Commission
action, such areas will become available for reassignment pursuant to
the procedures in paragraph (j) of this section. In addition, such a
licensee that provides signal coverage and offers service at a level
that is below this end-of-term benchmark may be subject to license
termination. For purposes of compliance with this requirement, licensees
should determine population based on the most recently available U.S.
Census Data.

\(3\) For licenses under paragraph (i), the geographic service area to
be made available for reassignment must include a contiguous area of at
least 130 square kilometers (50 square miles), and areas smaller than a
contiguous area of at least 130 square kilometers (50 square miles) will
not be deemed unserved.

\(j\) In the event that a licensee\'s authority to operate in a license
area terminates automatically under paragraphs (g), (h), (i), (p) or (q)
of this section, such areas will become available for reassignment
pursuant to the following procedures:

\(1\) The Wireless Telecommunications Bureau is delegated authority to
announce by public notice that these license areas will be made
available and establish a 30-day window during which third parties may
file license applications to serve these areas. During this 30-day
period, licensees that had their authority to operate terminate
automatically for unserved areas may not file applications to provide
service to these areas. Applications filed by third parties that propose
areas overlapping with other applications will be deemed mutually
exclusive, and will be resolved through an auction. The Wireless
Telecommunications Bureau, by public notice, may specify a limited
period before the filing of short-form applications (FCC Form 175)
during which applicants may enter into a settlement to resolve their
mutual exclusivity, subject to the provisions of §1.935 of this chapter.

\(2\) Following this 30-day period, the original licensee and third
parties can file license applications for remaining unserved areas where
licenses have not been issued or for which there are no pending
applications. If the original licensee or a third party files an
application, that application will be placed on public notice for 30
days. If no mutually exclusive application is filed, the application
will be granted, provided that a grant is found to be in the public
interest. If a mutually exclusive application is filed, it will be
resolved through an auction. The Wireless Telecommunications Bureau, by
public notice, may specify a limited period before the filing of
short-form applications (FCC Form 175) during which applicants may enter
into a settlement to resolve their mutual exclusivity, subject to the
provisions of §1.935 of this chapter.

\(3\) The licensee will have one year from the date the new license is
issued to complete its construction and provide signal coverage and
offer service over 100 percent of the geographic area of the new license
area. If the licensee fails to meet this construction requirement, its
license will automatically terminate without Commission action and it
will not be eligible to apply to provide service to this area at any
future date.

\(k\) AWS and WCS licensees holding authorizations in the spectrum
blocks enumerated in paragraphs (g), (h), (i), (p), or (q) of this
section, including any licensee that obtained its license pursuant to
the procedures set forth in subsection (j), shall demonstrate compliance
with performance requirements by filing a construction notification with
the Commission, within 15 days of the expiration of the applicable
benchmark, in accordance with the provisions set forth in §1.946(d). The
licensee must certify whether it has met the applicable performance
requirements. The licensee must file a description and certification of
the areas for which it is providing service. The construction
notifications must include electronic coverage maps, supporting
technical documentation and any other information as the Wireless
Telecommunications Bureau may prescribe by public notice.

\(l\) AWS and WCS licensees holding authorizations in the spectrum
blocks enumerated in paragraphs (g), (h), (i), (p), or (q) of this
section, excluding any licensee that obtained its license pursuant to
the procedures set forth in subsection (j) of this section, shall file
reports with the Commission that provide the Commission, at a minimum,
with information concerning the status of their efforts to meet the
performance requirements applicable to their authorizations in such
spectrum blocks and the manner in which that spectrum is being utilized.
The information to be reported will include the date the license term
commenced, a description of the steps the licensee has taken toward
meeting its construction obligations in a timely manner, including the
technology or technologies and service(s) being provided, and the areas
within the license area in which those services are available.

\(1\) Each WCS licensee holding an authorization in the spectrum blocks
enumerated in paragraphs (g), (h), or (i) shall file its first report
with the Commission no later than February 17, 2011 and no sooner than
30 days prior to this date. Each licensee that meets its interim
benchmarks shall file a second report with the Commission no later than
February 17, 2016 and no sooner than 30 days prior to this date. Each
licensee that does not meet its interim benchmark shall file this second
report no later than on February 17, 2015 and no sooner than 30 days
prior to this date.

\(2\) Each AWS licensee holding an authorization in the spectrum blocks
enumerated in paragraphs (p) or (q) of this section shall file its first
report with the Commission no later than two years from the date on
which the original license was issued and no sooner than 30 days prior
to this date. Each licensee that meets its interim benchmarks shall file
a second report with the Commission no later than seven years from the
date on which the original license was issued and no sooner than 30 days
prior to this date. Each licensee that does not meet its interim
benchmark shall file this second report no later than six years from the
date on which the original license was issued and no sooner than 30 days
prior to this date.

\(m\) The WCS licensee holding the authorization for the D Block in the
758--763 MHz and 788--793 MHz bands (the Upper 700 MHz D Block licensee)
shall comply with the following construction requirements.

\(1\) The Upper 700 MHz D Block licensee shall provide a signal coverage
and offer service over at least 75 percent of the population of the
nationwide Upper 700 MHz D Block license area within four years from
February 17, 2009, 95 percent of the population of the nationwide
license area within seven years, and 99.3 percent of the population of
the nationwide license area within ten years.

\(2\) The Upper 700 MHz D Block licensee may modify, to a limited
degree, its population-based construction benchmarks with the agreement
of the Public Safety Broadband Licensee and the prior approval of the
Commission, where such a modification would better serve to meet
commercial and public safety needs.

\(3\) The Upper 700 MHz D Block licensee shall meet the population
benchmarks based on a performance schedule specified in the Network
Sharing Agreement, taking into account performance pursuant to §27.1327
as appropriate under that rule, and using the most recently available
U.S. Census Data. The network and signal levels employed to meet these
benchmarks must be adequate for public safety use, as defined in the
Network Sharing Agreement, and the services made available must include
those appropriate for public safety entities that operate in those
areas. The schedule shall include coverage for major highways and
interstates, as well as such additional areas that are necessary to
provide coverage for all incorporated communities with a population in
excess of 3,000, unless the Public Safety Broadband Licensee and the
Upper 700 MHz D Block licensee jointly determine, in consultation with a
relevant community, that such additional coverage will not provide
significant public benefit.

\(4\) The Upper 700 MHz D Block licensee shall demonstrate compliance
with performance requirements by filing a construction notification with
the Commission within 15 days of the expiration of the applicable
benchmark, in accordance with the provisions set forth in §1.946(d) of
this chapter. The licensee must certify whether it has met the
applicable performance requirement and must file a description and
certification of the areas for which it is providing service. The
construction notifications must include the following:

\(i\) Certifications of the areas that were scheduled for construction
and service by that date under the Network Sharing Agreement for which
it is providing service, the type of service it is providing for each
area, and the type of technology it is utilizing to provide this
service.

\(ii\) Electronic coverage maps and supporting technical documentation
providing the assumptions used by the licensee to create the coverage
maps, including the propagation model and the signal strength necessary
to provide service.

\(n\) At the end of its license term, the Upper 700 MHz D Block licensee
must, in order to renew its license, make a showing of its success in
meeting the material requirements set forth in the Network Sharing
Agreement as well as all other license conditions, including the
performance benchmark requirements set forth in this section.

\(p\) AWS licensees holding authorizations in the 1915-1920 MHz and
1995-2000 MHz shall provide signal coverage and offer service to at
least 35 percent of the population in each licensed area within four
years of the date on which the original license was issued and at least
70 percent of the population in each licensed area at the end of the
license term.

> \(1\) If any AWS licensee holding an authorization in the 1915-1920
> MHz and 1995-2000 MHz bands fails to provide signal coverage and offer
> service to at least 35 percent of the population in the licensed area
> within four years of the date on which the original license was
> issued, the term of that license authorization will be reduced by two
> years and such licensee may be subject to enforcement action,
> including forfeitures. In addition, the licensee may lose authority to
> operate in part of the remaining unserved areas of the license.
>
> \(2\) If any AWS licensee holding an authorization in the 1915-1920
> MHz and 1995-2000 MHz fails to provide signal coverage and offer
> service to at least 70 percent of the population in each licensed area
> at the end of the license term, that licensee's authorization will
> terminate automatically without Commission action for those geographic
> portions of its license in which the licensee is not providing
> service, and those unserved areas will become available for
> reassignment by the Commission. Such licensee may also be subject to
> enforcement action, including forfeitures. In addition, a licensee
> that provides signal coverage and offers service at a level that is
> below the end-of-term benchmark may be subject to license termination.
> In the event that a licensee's authority to operate in a license area
> terminates automatically without Commission action, such areas will
> become available for reassignment pursuant to the procedures in
> paragraph (j) of this subsection.
>
> \(3\) For licenses under paragraphs (g), (h), and (i), the geographic
> service area to be made available to new entrants must include a
> contiguous area of at least 130 square kilometers (50 square miles),
> and areas smaller than a contiguous area of at least 130 square
> kilometers (50 square miles) will not be deemed unserved.
>
> \(4\) To demonstrate compliance with these performance requirements*,*
> licensees shall use the most recently available U.S. Census Data at
> the time of measurement and shall base their measurements of
> population served on areas no larger than the Census Tract level. The
> population within a specific Census Tract (or other acceptable
> identifier) will only be deemed served by the licensee if it provides
> signal coverage to and offers service within the specific Census Tract
> (or other acceptable identifier). To the extent the Census Tract (or
> other acceptable identifier) extends beyond the boundaries of a
> license area, a licensee with authorizations for such areas may only
> include the population within the Census Tract (or other acceptable
> identifier) towards meeting the performance requirement of a single,
> individual license.

\(q\) Any AWS licensee holding an authorization in the 2155-2180 MHz
band shall provide signal coverage and offer service to at least 50
percent of the total U.S. population within four years of the date on
which the original license was issued and at least 95 percent of the
total U.S. population at the end of the license term. If any licensee in
this band elects not to meet its performance requirements based on the
percent of the U.S. population served, it shall provide signal coverage
and offer service to at least 35 percent of the population in each
Cellular Market Area (CMA) or Economic Area (EA) in its licensed area
within four years and at least 70 percent of the population in each CMA
or EA in its licensed area at the end of the license term.

> \(1\) If any AWS licensee holding an authorization in the 2155-2180
> MHz band fails to establish that it meets the applicable performance
> requirement within four years of the date on which the original
> license was issued, the term of that license authorization will be
> reduced by two years and such licensee may be subject to enforcement
> action, including forfeitures. In addition, the licensee may lose
> authority to operate in part of the remaining unserved areas of the
> license.
>
> \(2\) If any AWS licensee holding an authorization in the 2155-2180
> MHz band fails to establish that it meets the applicable performance
> requirement at the end of the license term, that licensee's
> authorization will terminate automatically without Commission action
> for those geographic portions of its license in which the licensee is
> not providing service, and those unserved areas will become available
> for reassignment by the Commission. Such licensee may also be subject
> to enforcement action, including forfeitures. In addition, a licensee
> that provides signal coverage and offers service at a level that is
> below the end-of-term benchmark may be subject to license termination.
> In the event that a licensee's authority to operate in a license area
> terminates automatically without Commission action, such areas will
> become available for reassignment pursuant to the procedures in
> paragraph (j) of this subsection.

9.  Section 27.15 is revised as follows:

**§ 27.15 Geographic partitioning and spectrum disaggregation.**

\(a\) Eligibility. (1) Parties seeking approval for partitioning and
disaggregation shall request from the Commission an authorization for
partial assignment of a license pursuant to §1.948.

\(2\) AWS and WCS licensees may apply to partition their licensed
geographic service area or disaggregate their licensed spectrum at any
time following the grant of their licenses.

\(b\) Technical Standards ---(1) Partitioning. In the case of
partitioning, applicants and licensees must file FCC Form 603 pursuant
to section 1.948 and list the partitioned service area on a schedule to
the application. The geographic coordinates must be specified in
degrees, minutes, and seconds to the nearest second of latitude and
longitude and must be based upon the 1983 North American Datum (NAD83).

\(2\) Disaggregation. Spectrum may be disaggregated in any amount.

\(3\) Combined partitioning and disaggregation. The Commission will
consider requests for partial assignment of licenses that propose
combinations of partitioning and disaggregation.

\(4\) Signal levels. For purposes of partitioning and disaggregation,
part 27 systems must be designed so as not to exceed the signal level
specified for the particular spectrum block in §27.55 at the licensee\'s
service area boundary, unless the affected adjacent service area
licensees have agreed to a different signal level.

\(c\) License term . The license term for a partitioned license area and
for disaggregated spectrum shall be the remainder of the original
licensee\'s license term as provided for in §27.13.

\(d\) Compliance with construction requirements ---(1) Partitioning. (i)
Except for AWS licensees in the 1915-1920 MHz, 1995-2000 MHz, and
2155-2180 MHz bands and WCS licensees holding authorizations for Block A
in the 698--704 MHz and 728--734 MHz bands, Block B in the 704--710 MHz
and 734--740 MHz bands, Block E in the 722--728 MHz band, Blocks C, C1,
or C2 in the 746--757 MHz and 776--787 MHz bands, or Block D in the
758--763 MHz and 788--793 MHz bands, the following rules apply to WCS
and AWS licensees holding authorizations for purposes of implementing
the construction requirements set forth in §27.14. Parties to
partitioning agreements have two options for satisfying the construction
requirements set forth in §27.14. Under the first option, the
partitioner and partitionee each certifies that it will independently
satisfy the substantial service requirement for its respective
partitioned area. If a licensee subsequently fails to meet its
substantial service requirement, its license will be subject to
automatic cancellation without further Commission action. Under the
section option, the partitioner certifies that it has met or will meet
the substantial service requirement for the entire, pre-partitioned
geographic service area. If the partitioner subsequently fails to meet
its substantial service requirement, only its license will be subject to
automatic cancellation without further Commission action.

\(ii\) For AWS licensees in the 1915-1920 MHz, 1995-2000 MHz, and
2155-2180 MHz bands and WCS licensees holding authorizations for Block A
in the 698--704 MHz and 728--734 MHz bands, Block B in the 704--710 MHz
and 734--740 MHz bands, Block E in the 722--728 MHz band, or Blocks C,
C1, and C2 in the 746--757 MHz and 776--787 MHz bands, the following
rules apply for purposes of implementing the construction requirements
set forth in §27.14. Parties to partitioning agreements have two options
for satisfying the construction requirements set forth in §27.14. Under
the first option, the partitioner and partitionee each certifies that
they will collectively share responsibility for meeting the construction
requirement for the entire pre-partition geographic license area. If the
partitioner and partitionee collectively fail to meet the construction
requirement, then both the partitioner and partitionee will be subject
to the consequences enumerated in §27.14(g) and (h) for this failure.
Under the second option, the partitioner and partitionee each certifies
that it will independently meet the construction requirement for its
respective partitioned license area. If the partitioner or partitionee
fails to meet the construction requirement for its respective
partitioned license area, then the consequences for this failure shall
be those enumerated in §27.14(g) and (h).

\(2\) Disaggregation . (i) Except for AWS licensees in the 1915-1920
MHz, 1995-2000 MHz, and 2155-2180 MHz bands and WCS licensees holding
authorizations for Block A in the 698--704 MHz and 728--734 MHz bands,
Block B in the 704--710 MHz and 734--740 MHz bands, Block E in the
722--728 MHz band, Blocks C, C1, or C2 in the 746--757 MHz and 776--787
MHz bands, or Block D in the 758--763 MHz and 788--793 MHz bands, the
following rules apply to WCS and AWS licensees holding authorizations
for purposes of implementing the construction requirements set forth in
§27.14. Parties to disaggregation agreements have two options for
satisfying the construction requirements set forth in §27.14. Under the
first option, the disaggregator and disaggregatee each certifies that it
will share responsibility for meeting the substantial service
requirement for the geographic service area. If the parties choose this
option and either party subsequently fails to satisfy its substantial
service responsibility, both parties\' licenses will be subject to
forfeiture without further Commission action. Under the second option,
both parties certify either that the disaggregator or the disaggregatee
will meet the substantial service requirement for the geographic service
area. If the parties choose this option, and the party responsible
subsequently fails to meet the substantial service requirement, only
that party\'s license will be subject to forfeiture without further
Commission action.

\(ii\) For AWS licensees in the 1915-1920 MHz, 1995-2000 MHz, and
2155-2180 MHz bands and WCS licensees holding authorizations for Block A
in the 698--704 MHz and 728--734 MHz bands, Block B in the 704--710 MHz
and 734--740 MHz bands, Block E in the 722--728 MHz band, and Blocks C,
C1, or C2 in the 746--757 MHz and 776--787 MHz bands, the following
rules apply for purposes of implementing the construction requirements
set forth in §27.14. If either the disaggregator or the disaggregatee
meets the construction requirements set forth in §27.14, then these
requirements will be considered to be satisfied for both parties. If
neither the disaggregator nor the disaggregatee meets the construction
requirements, then both parties will be subject to the consequences
enumerated in §27.14(g) and (h) for this failure.

10. Section 27.16 is revised as follows:

**§ 27.16. Network access requirements for Block C in the 746--757 and
776--787 MHz bands and for the 2155-2180 MHz band (the AWS-3 Band).**

\(a\) *Applicability*. This section shall apply only to the
authorizations for Block C in the 746--757 and 776--787 MHz bands (700 C
Block) assigned as a result of Auction 73 and to the 2155-2180 MHz band
(AWS-3 Band).

\(b\) *Use of devices and applications*. Licensees offering service on
the 700 C Block and the licensee offering premium or paid services on
the AWS-3 Band subject to this section shall not deny, limit, or
restrict the ability of their customers to use the devices and
applications of their choice on the licensee\'s network, and the
licensee providing free broadband service on the AWS-3 band subject to
this section shall not deny, limit, or restrict the ability of their
customers to use the devices of their choice on the licensee's network,
except:

\(1\) Insofar as such use would not be compliant with published
technical standards reasonably necessary for the management or
protection of the licensee\'s network,

\(2\) licensees or lessees providing free broadband service required
under § 27.1192 of this part shall not deny, limit, or restrict the
ability of users to use the devices of their choice on the licensee\'s
or lessee's network, or

\(3\) As required to comply with statute or applicable government
regulation.

\(c\) *Technical standards*. For purposes of paragraph (b)(1) of this
section:

\(1\) Standards shall include technical requirements reasonably
necessary for third parties to access a licensee\'s network via devices
or applications without causing objectionable interference to other
spectrum users or jeopardizing network security. The potential for
excessive bandwidth demand alone shall not constitute grounds for
denying, limiting or restricting access to the network, except as
provided in § 27.1192(a)(2) of this part for the AWS-3 Band.

\(2\) To the extent a licensee relies on standards established by an
independent standards-setting body which is open to participation by
representatives of service providers, equipment manufacturers,
application developers, consumer organizations, and other interested
parties, the standards will carry a presumption of reasonableness.

\(3\) A licensee shall publish its technical standards, which shall be
non-proprietary, no later than the time at which it makes such standards
available to any preferred vendors, so that the standards are readily
available to customers, equipment manufacturers, application developers,
and other parties interested in using or developing products for use on
a licensee\'s networks.

\(d\) *Access requests.* (1) Licensees shall establish and publish clear
and reasonable procedures for parties to seek approval to use devices or
applications on the licensees\' networks. A licensee must also provide
to potential customers notice of the customers\' rights to request the
attachment of a device or application to the licensee\'s network, and
notice of the licensee\'s process for customers to make such requests,
including the relevant network criteria.

\(2\) If a licensee determines that a request for access would violate
its technical standards or regulatory requirements, the licensee shall
expeditiously provide a written response to the requester specifying the
basis for denying access and providing an opportunity for the requester
to modify its request to satisfy the licensee\'s concerns.

11. Section 27.50(d) is revised to read as follows:

**§ 27.50 Power and antenna height limits.**

\* \* \* \* \*

\(d\) The following power and antenna height requirements apply to
stations transmitting in the 1710-1755 MHz, 1915-1920 MHz, 1995-2000
MHz, and 2110-2180 MHz bands:

\(1\) The power of each fixed or base station transmitting in the
1995-2000 MHz and 2110-2155 MHz bands and each base or downlink fixed
station transmitting in the 2155-2180 MHz band, and located in any
county with population density of 100 or fewer persons per square mile,
based upon the most recently available population statistics from the
Bureau of the Census, is limited to:

> \(A\) an equivalent isotropically radiated power (EIRP) of 3280 watts
> when transmitting with an emission bandwidth of 1 MHz or less;\
> \
> (B) an EIRP of 3280 watts/MHz when transmitting with an emission
> bandwidth greater than 1 MHz.

\(2\) The power of each fixed or base station transmitting in the
1995-2000 MHz and 2110-2155 MHz band and each base or downlink fixed
station transmitting in the 2155-2180 MHz band, and located in any
geographic location other than that described in paragraph (d)(1) is
limited to:

> \(A\) an equivalent isotropically radiated power (EIRP) of 1640 watts
> when transmitting with an emission bandwidth of 1 MHz or less;\
> \
> (B) an EIRP of 1640 watts/MHz when transmitting with an emission
> bandwidth greater than 1 MHz.

\(3\) A licensee operating a base or fixed station in the 2110-2155 MHz
band or a base or downlink fixed station in the 2155-2180 MHz band and
utilizing a power greater than 1640 watts EIRP and greater than 1640
watts/MHz EIRP must coordinate such operations in advance with the
following licensees authorized to operate within 120 kilometers (75
miles) of the base or fixed station operating in this band: all
Government and non-Government satellite entities in the 2025-2110 MHz
band; all Broadband Radio Service (BRS) licensees authorized under Part
27 in the 2155-2160 MHz band; and all advanced wireless services (AWS)
licensees authorized to operate on adjacent frequency blocks in the
2110-2180 MHz band.

\(4\) Fixed, mobile, and portable (hand-held) stations operating in the
1710-1755 MHz band are limited to 1 watt (W) EIRP. Fixed stations
operating in the 1710-1755 MHz band are limited to a maximum antenna
height of 10 meters above ground. Mobile and portable stations operating
in the 1915-1920 MHz and 2155-2180 MHz bands are limited to 200
milliwatts/MHz (mW/MHz) peak EIRP. Uplink fixed stations operating in
the 1915-1920 MHz and 2155-2180 MHz bands are limited to 2 watts/MHz
(W/MHz) peak EIRP. Mobile and portable stations operating in the
1710-1755 MHz, 1915-1920 MHz, and 2155-2180 MHz bands must employ a
means for limiting power to the minimum necessary for successful
communications.

\(5\) Equipment employed must be authorized in accordance with the
provisions of Sec. 27.51. Except for mobile, portable, and uplink fixed
stations operating in the 1915-1920 MHz and 2155-2180 MHz bands, power
measurements for transmissions by stations authorized under this section
may be made either in accordance with a Commission-approved average
power technique or in compliance with paragraph (d)(6) of this section.
In measuring transmissions in this band using an average power
technique, the peak-to-average ratio (PAR) of the transmission may not
exceed 13 dB.

\(6\) Peak transmit power must be measured over any interval of
continuous transmission using instrumentation calibrated in terms of an
RMS-equivalent voltage. The measurement results shall be properly
adjusted for any instrument limitations, such as detector response
times, limited resolution bandwidth capability when compared to the
emission bandwidth, sensitivity, *etc*., so as to obtain a true peak
measurement for the emission in question over the full bandwidth of the
channel.

\* \* \* \* \*

12. Paragraph (h) of Section 27.53 is revised as follows:

**§ 27.53 Emission limits.**

\(h\) For operations in the 1710-1755 MHz, 1915-1920 MHz, 1995-2000 MHz,
and 2110-2180 MHz bands, the power of any emission outside a licensee\'s
frequency block shall be attenuated in accordance with the following:

\(1\) For all operations in the 1710-1755 MHz, 1995-2000 MHz, and
2110-2155 MHz bands and for all base and downlink fixed station
operations in the 2155-2180 MHz band, the power of any emission outside
a licensee\'s frequency block shall be attenuated below the transmitter
power (P) by at least 43 + 10 log10(P) dB;

\(2\) For all mobile, portable, and uplink fixed station operations in
the 2155-2180 MHz band, the power of any emission outside a licensee\'s
frequency block shall be attenuated below the transmitter power (P) by
at least 60 + 10 log10 (P) dB;

\(3\) For all operations in the 1915-1920 MHz band, the power of any
emission outside a licensee\'s frequency block shall be attenuated below
the transmitter power (P) by at least 43 + 10 log10 (P) dB and the power
of any emission on frequencies above 1930 MHz shall be attenuated below
the transmitter power (P) by at least 90 + 10 log10 (P) dB;

\(4\) Compliance with these provisions are based on the use of
measurement instrumentation employing a resolution bandwidth of 1
megahertz or greater. However, in the 1 megahertz bands immediately
outside and adjacent to the licensee\'s frequency block, a resolution
bandwidth of at least one percent of the emission bandwidth of the
fundamental emission of the transmitter may be employed. The emission
bandwidth is defined as the width of the signal between two points, one
below the carrier center frequency and one above the carrier center
frequency, outside of which all emissions are attenuated at

least 26 dB below the transmitter power;

\(5\) When measuring the emission limits, the nominal carrier frequency
shall be adjusted as close to the licensee\'s frequency block edges,
both upper and lower, as the design permits;

\(6\) The measurements of emission power can be expressed in peak or
average values, provided they are expressed in the same parameters as
the transmitter power.

\* \* \* \* \*

13. Section 27.55 (title and text) is revised as follows:

**§ 27.55 Power strength limits.**

\(a\) Field strength limits. For the following bands, the predicted or
measured median field strength at any location on the geographical
border of a licensee\'s service area shall not exceed the value
specified unless the adjacent affected service area licensee(s) agree(s)
to a different field strength. This value applies to both the initially
offered service areas and to partitioned service areas.

\(1\) 1995-2000, 2110--2180, 2305--2320 and 2345--2360 MHz bands: 47
dBµV/m.

\(2\) 698--758 and 775--787 MHz bands: 40 dBµV/m.

\(3\) The paired 1392--1395 MHz and 1432--1435 MHz bands and the
unpaired 1390--1392 MHz band (1.4 GHz band): 47 dBµV/m.

\(4\) BRS and EBS: The predicted or measured median field strength at
any location on the geographical border of a licensee\'s service area
shall not exceed the value specified unless the adjacent affected
service area licensee(s) agree(s) to a different field strength. This
value applies to both the initially offered services areas and to
partitioned services areas. Licensees may exceed this signal level where
there is no affected licensee that is constructed and providing service.
Once the affected licensee is providing service, the original licensee
will be required to take whatever steps necessary to comply with the
applicable power level at its GSA boundary, absent consent from the
affected licensee.

\(i\) Prior to transition, the signal strength at any point along the
licensee\'s GSA boundary does not exceed the greater of that permitted
under the licensee\'s Commission authorizations as of January 10, 2005
or 47 dBµV/m.

\(ii\) Following transition, for stations in the LBS and UBS, the signal
strength at any point along the licensee\'s GSA boundary must not exceed
47 dBµV/m. This field strength is to be measured at 1.5 meters above the
ground over the channel bandwidth ( i.e. , each 5.5 MHz channel for
licensees that hold a full channel block, and for the 5.5 MHz channel
for licensees that hold individual channels).

\(iii\) Following transition, for stations in the MBS, the signal
strength at any point along the licensee\'s GSA boundary must not exceed
the greater of −73.0 + 10 log(X/6) dBW/m2 , where X is the bandwidth in
megahertz of the channel, or for facilities that are substantially
similar to the licensee\'s pre-transition facilities (including
modifications that do not alter the fundamental nature or use of the
transmissions), the signal strength at such point that resulted from the
station\'s operations immediately prior to the transition, provided that
such operations complied with paragraph (a)(4)(i) of this section.

\(b\) Power flux density limit for stations operating in the 698--746
MHz bands. For base and fixed stations operating in the 698--746 MHz
band in accordance with the provisions of §27.50(c)(6), the power flux
density that would be produced by such stations through a combination of
antenna height and vertical gain pattern must not exceed 3000 microwatts
per square meter on the ground over the area extending to 1 km from the
base of the antenna mounting structure.

\(c\) Power flux density limit for stations operating in the 746--757
MHz, 758--763 MHz, 776--787 MHz, and 788--793 MHz bands. For base and
fixed stations operating in the 746--757 MHz, 758--763 MHz, 776--787
MHz, and 788--793 MHz bands in accordance with the provisions of
§27.50(b)(6), the power flux density that would be produced by such
stations through a combination of antenna height and vertical gain
pattern must not exceed 3000 microwatts per square meter on the ground
over the area extending to 1 km from the base of the antenna mounting
structure.

**Subpart L---1710--1755 MHz, 2110--2155 MHz, 2160--2180 MHz Bands**

**\* \* \***

14. Add new § 27.1191 with new subheading as follows:

[Special Provisions governing the 2155-2180 MHz Band]{.smallcaps}

**§ 27.1191 Free wireless broadband service requirement in the 2155-2180
MHz band.**

\(a\) *Applicability*. This section shall apply only to an authorization
in the 2155-2180 MHz "AWS-3" band.

(b*) Provision of free broadband service*. A licensee (including
lessees) offering any service on spectrum subject to this section must
utilize up to twenty-five percent of its AWS-3 wireless network capacity
to provide free two-way wireless broadband Internet service ("free
broadband service") at a minimum engineered data rate of 768 kbps
downstream per user.

\(1\) To the extent that a licensee meets all demand for the free
broadband service and is providing such service at a minimum engineered
data rate of 768 kbps downstream per user, such licensee can utilize
more than seventy-five percent of its wireless network capacity for any
other service authorized to operate in this band.

\(2\) On a per base-station or per market basis, a 2155-2180 MHz
licensee will not be required to maintain the minimum data rate when and
where meeting additional demand for the free broadband service would
require more than twenty-five percent of wireless network capacity. Once
demand reaches twenty-five percent of wireless network capacity, a
2155-2180 MHz licensee has the discretion to manage any additional
demand for free service using any lawful network management protocol.

\(3\) Broadband users not required to pay any compensation for any of
the broadband services that they receive are considered to receive free
broadband service. If a broadband user pays any compensation for any
broadband service directly or indirectly affiliated with the licensee,
the user does not receive free service. For purposes of this
requirement, wireless broadband users receive either free or fee-base
service, not both. The compensation paid for broadband service does not
include any compensation paid for user/customer equipment. A minimum
engineered data rate means that the wireless network is designed,
constructed, and implemented to provide meet or exceed the minimum data
rate as measured to/from user devices and the AWS-3 licensee's wireless
facilities. The minimum engineered data rate is subject to future
re-assessments by the Commission, including during the term of the
license.

\(c\) *Availability of free broadband service*. A 2155-2180 MHz licensee
must make available free broadband service whenever and wherever the
licensee offers any other service that uses AWS-3 spectrum (even if
other such services are offered prior to the performance deadlines set
forth in § 27.14 for the AWS-3 band).

\(d\) *Geographic partitioning, spectrum disaggregation, license
assignment, and transfer*. A licensee is not restricted from assigning,
transferring, partitioning, or leasing 2155-2180 MHz spectrum. In such
case, the free broadband requirement would apply to the licensee's or
lessee's network in the AWS-3 band.

\(e\) *User equipment*. A 2155-2180 MHz licensee and/or third party
vendor is authorized to determine user/customer equipment pricing,
features, and availability, so long as such determinations are
reasonable and non-discriminatory and in compliance with Section 27.16.

\(f\) *Fee-based services*. Subject to the provisions in this section, a
2155-2180 MHz licensee may provide and prioritize fee-based services as
set forth in paragraph (b). Users and use of the wireless network for
any fee-based service may not be counted towards satisfaction of the
requirement to provide free broadband service.

\(g\) *Fee-based broadband services provided by non-facilities based
wholesale customers of a 2155-2180 MHz licensee*. Fee-based broadband
services provided by non-facilities based wholesale customers of a
2155-2180 MHz licensee that use such licensee's network capacity is not
required to provide free broadband service, although such use of the
licensee's network capacity shall be included in any determination of
the licensee's compliance with the free broadband service requirement.

\(h\) *Burden of proof*. Once a complainant sets forth a *prima facie*
case that a 2155-2180 MHz licensee is in violation of the free broadband
service requirement, such licensee shall have the burden of proof to
demonstrate that it is in compliance. Application of the same lawful
network management protocol utilized by the licensee to manage fee-based
traffic is presumptively reasonable.

15. Add new § 27.1193 to read as follows:

**§ 27.1193 Content Network Filtering Requirement.**

\(a\) The licensee of the 2155-2188 MH band (AWS-3 licensee) must
provide as part of its free broadband service a network-based mechanism:

\(1\) That filters or blocks images and text that constitute obscenity
or pornography and, in context, as measured by contemporary community
standards and existing law, any images or text that otherwise would be
harmful to teens and adolescents. For purposes of this rule, teens and
adolescents are children 5 through 17 years of age;

\(2\) That must be active at all times on any type of free broadband
service offered to customers or consumers through an AWS-3 network. In
complying with this requirement, the AWS-3 licensee must use
viewpoint-neutral means in instituting the filtering mechanism and must
otherwise subject its own content---including carrier-generated
advertising---to the filtering mechanism.

\(b\) The AWS-3 licensee must:

\(1\) inform new customers that the filtering is in place and must
otherwise provide on-screen notice to users. It may also choose
additional means to keep the public informed of the filtering, such as
storefront or website notices;

\(2\) use best efforts to employ filtering to protect children from
exposure to inappropriate material as defined in paragraph (a)(1).
Should any commercially-available network filters installed not be
capable of reviewing certain types of communications, such as
peer-to-peer file sharing, the licensee may use other means, such as
limiting access to those types of communications as part of the AWS-3
free broadband service, to ensure that inappropriate content as defined
in paragraph (a)(1) not be accessible as part of the service.

**Part 74 of Title 47 of the Code of Federal Regulations is proposed to
be amended as follows:**

**PART 74 -- EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCASTING AND
OTHER PROGRAM DISTRIBUTIONAL SERVICES**

16. The authority citation for Part 74 continues to read as follows:

AUTHORITY**:**  47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.

17. Paragraph (a) of Section 74.690 is revised as follows and a new
    paragraph (f) is added as follows:

**§ 74.690 Transition of the 1990-2025 MHz band from the Broadcast
Auxiliary Service to emerging technologies**

\(a\) New Entrants are collectively defined as those licensees proposing
to use emerging technologies to implement Mobile Satellite Services in
the 2000-2020 MHz band (MSS licensees), those licensees authorized after
July 1, 2004 to implement new Fixed and Mobile services in the 1990-1995
MHz band, and those licensees authorized after September 9, 2004 in the
1995-2000 MHz and 2020-2025 MHz bands. New entrants may negotiate with
Broadcast Auxiliary Service licensees operating on a primary basis and
fixed service licensees operating on a primary basis in the 1990-2025
MHz band (Existing Licensees) for the purpose of agreeing to terms under
which the Existing Licensees would relocate their operations to the
2025-2110 MHz band, to other authorized bands, or to other media; or,
alternatively, would discontinue use of the 1990-2025 MHz band. New
Entrants in the 2020-2025 MHz band are subject to the specific
relocation procedures adopted in WT Docket 04-356.\
\
(b) An Existing Licensee in the 1990-2025 MHz band allocated for
licensed emerging technology services will maintain primary status in
the band until the Existing Licensee\'s operations are relocated by a
New Entrant, are discontinued under the terms of paragraph (a) of this
section, or become secondary under the terms of paragraphs (e)(6) or
(f)(1)(a) of this section or the Existing Licensee indicates to a New
Entrant that it declines to be relocated.\
\
(c) The Commission will amend the operating license of the Existing
Licensee to secondary status only if the following requirements are met:

\(1\) The service applicant, provider, licensee, or representative using
an emerging technology guarantees payment of all relocation costs,
including all engineering, equipment, site and FCC fees, as well as any
reasonable additional costs that the relocated Existing Licensee might
incur as a result of operation in another authorized band or migration
to another medium;

\(2\) The New Entrant completes all activities necessary for
implementing the replacement facilities, including engineering and cost
analysis of the relocation procedure and, if radio facilities are used,
identifying and obtaining, on the incumbents\' behalf, new microwave or
Local Television Transmission Service frequencies and frequency
coordination.

\(3\) The New Entrant builds the replacement system and tests it for
comparability with the existing system.

\(d\) The Existing Licensee is not required to relocate until the
alternative facilities are available to it for a reasonable time to make
adjustments, determine comparability, and ensure a seamless handoff. If,
within one year after the relocation to new facilities the Existing
Licensee demonstrates that the new facilities are not comparable to the
former facilities, the New Entrant must remedy the defects.\
\
(e) Subject to the terms of this paragraph (e), the relocation of
Existing Licensees will be carried out by MSS licensees in the following
manner:\

\(1\) Existing Licensees and MSS licensees may negotiate individually or
collectively for relocation of Existing Licensees to one of the channel
plans specified in § 74.602(a)(3) of this chapter. Parties may not
decline to negotiate, though Existing Licensees may decline to be
relocated.

\(i\) MSS licensees must relocate all Existing Licensees in Nielsen
Designated Market Areas (DMAs) 1-30, as such DMAs existed on September
6, 2000, and all fixed stations operating in the 1990-2025 MHz band on a
primary basis, prior to beginning operations, except those Existing
Licensees that decline relocation. Such relocation negotiations shall be
conducted as \"mandatory negotiations,\" as that term is used in
§ 101.73 of this chapter. If these parties are unable to reach a
negotiated agreement, MSS Licensees may involuntarily relocate such
Existing Licensees and fixed stations after December 8, 2004.

\(ii\) \[Reserved\]

\(iii\) On the date that the first MSS licensee begins operations in the
2000- 2020 MHz band, a one-year mandatory negotiation period begins
between MSS licensees and Existing Licensees in Nielsen DMAs 31-210, as
such DMAs existed on September 6, 2000. After the end of the mandatory
negotiation period, MSS licensees may involuntary relocate any Existing
Licensees with which they have been unable to reach a negotiated
agreement. As described elsewhere in this paragraph (e), MSS Licensees
are obligated to relocate these Existing Licensees within the specified
three- and five-year time periods.

\(2\) Before negotiating with MSS licensees, Existing Licensees in
Nielsen Designated Market Areas where there is a BAS frequency
coordinator must coordinate and select a band plan for the market area.
If an Existing Licensee wishes to operate in the 2025-2110 MHz band
using the channels A03-A07 as specified in the Table in § 74.602(a) of
this part, then all licensees within that Existing Licensee\'s market
must agree to such operation and all must operate on a secondary basis
to any licensee operating on the channel plan specified in §
74.602(a)(3) of this part. All negotiations must produce solutions that
adhere to the market area\'s band plan.

\(3\) \[Reserved\]

\(4\) \[Reserved\]

\(5\) As of the date the first MSS licensee begins operations in the
1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in
DMAs 31-100, as they existed as of September 6, 2000, within three
years, and in the remaining DMAs, as they existed as of September 6,
2000, within five years.

\(6\) On December 9, 2013, all Existing Licensees will become secondary
in the 1990-2025 MHz band. Upon written demand by any MSS licensee,
Existing Licensees must cease operations in the 1990-2025 MHz band
within six months.

\(f\) The 1995-2000 MHz band is allocated for Advanced Wireless Services
(AWS). AWS licensees in this band are New Entrants as defined in
paragraph (a) of this section and therefore must comply with sections
(a), (b), (c), (d), and (f) of this section to the extent AWS entrants
seek to relocate Broadcast Auxiliary Service licensees operating on a
primary basis and fixed service licensees operating on a primary basis
in the 1990-2025 MHz band (Existing Licensees).

\(1\) New entrants are required to protect Existing Licensees in this
band from interference.

\(i\) An AWS licensee may not begin operations in a specific Nielsen
Designated Market Area (DMA) until all incumbent operations in that DMA
have been either (1) relocated by an MSS licensee, an AWS entrant, or
another licensee; or (2) discontinued pursuant to the terms of paragraph
(a) of this section. If Existing Licensees remain in the band after
December 9, 2013, they must cease operations within six months of
receiving a written demand from either an MSS licensee or an AWS
licensee.

\(ii\) An AWS licensee in this band is required conform to the technical
criteria specified in TIA Bulletin TSB 10-F, or procedures other than
TSB 10-F that follow generally acceptable good engineering practices
pursuant to § 101.105(c) of this chapter, to determine whether its
operations in the 1995-2000 MHz band would cause interference to the
operations of Existing Licensees in the 1990-2025 MHz band. To the
extent that the TSB 10-F demonstrates that an AWS licensee may cause
interference to Existing Licensees in an adjacent DMA, the AWS licensee
must either relocate the Existing Licensees or revise its proposed
operations to ensure, in accordance with the technical criteria in the
TSB 10-F, that its revised operations will not cause interference to
Existing Licensees in adjacent DMAs.

\(2\) If a specific DMA has not yet been cleared and an AWS licensee
seeks to begin operations in the specific DMA, an AWS licensee may
negotiate with an Existing Licensee for the purpose of agreeing to terms
under which the Existing Licensees would relocate their operations to
one of the channel plans specified in § 74.602(a)(3) of this chapter, to
other authorized bands, or to other media; or, alternatively, would
discontinue use of the 1990-2025 MHz band. An AWS licensee may negotiate
individually or collectively for relocation of Existing Licensees, but
the AWS licensee is required to coordinate its anticipated clearance
schedule with other New Entrants. New entrants are expected to work
cooperatively with all interested parties to avoid duplicative efforts
and undue delay in the negotiation and transition process. Parties may
not decline to negotiate, though Existing Licensees may decline to be
relocated. The good faith provisions set-forth in § 101.73 of this
chapter apply throughout the negotiation and relocation process.

\(3\) If a mandatory negotiation period for or an involuntary relocation
of Existing Licensees in a particular DMA has already been triggered
pursuant to paragraph (e) of this section or pursuant to provisions
set-forth elsewhere in this chapter or by order in WT Docket 02-55, ET
Docket 00-258, or ET Docket 95-18, an AWS licensee seeking to operate in
that particular DMA will not trigger a new negotiation or involuntary
relocation schedule pursuant to this section. If such has not occurred
with respect to a specific DMA, the following shall apply to AWS
licensees at 1995-2000 MHz:

\(i\) Existing Licensees in DMAs 1-30, as such DMAs existed on September
6, 2000, are subject to involuntary relocation. Under involuntary
relocation, the Existing Licensees are required to relocate providing
that the New Entrant complies with the requirements set-forth in
paragraph (c) of this section and furnishes Existing Licensees with
comparable facilities, as defined in § 101.75 (b) of this chapter.

\(ii\) For the remaining DMAs, as such DMAs existed on September 6,
2000, a one-year mandatory negotiation period will commence between
Existing Licensees and New Entrants (if such has not already occurred or
been triggered) when an AWS licensee approaches any Existing Licensee
operating in the specific DMA. Mandatory negotiations shall be conducted
in accordance with the good faith provisions set-forth in § 101.73 of
this chapter with the goal of providing the Existing Licensees with
comparable facilities, as defined in § 101.73(d)(1)-(3) of this chapter.
After the end of the mandatory negotiation period, an AWS licensee may
involuntary relocate any Existing Licensees with which they have been
unable to reach a negotiated agreement.

\(iii\) To the extent the Commission adopts an earlier transition date
to relocate Existing Licensees in a specific DMA in WT Docket 02-55, ET
Docket 00-258, or ET Docket 95-18, AWS licensees and Existing Licensees
shall comply with the requirements set-forth and adopted in those
proceedings.

**Part 78 of Title 47 of the Code of Federal Regulations is proposed to
be amended as follows:**

**PART 78---CABLE TELEVISION RELAY SERVICE**

18. The authority citation for Part 78 continues to read as follows:

AUTHORITY**:**  47 U.S.C. Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48
Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47
U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.

19. Section 78.40 is revised as follows:

**§ 78.40 Transition of the 1990-2025 MHz band from the Cable Television
Relay Service to Emerging Technologies.**

\(a\) New Entrants are collectively defined as those licensees proposing
to use emerging technologies to implement Mobile Satellite Services in
the 2000-2020 MHz band (MSS licensees), those licensees authorized after
July 1, 2004 to implement new Fixed and Mobile services in the 1990-1995
MHz band, and those licensees authorized after September 9, 2004 in the
1995-2000 MHz and 2020-2025 MHz bands. New entrants may negotiate with
Cable Television Relay Service licensees operating on a primary basis
and fixed service licensees operating on a primary basis in the
1990-2025 MHz band (Existing Licensees) for the purpose of agreeing to
terms under which the Existing Licensees would relocate their operations
to the 2025-2110 MHz band, to other authorized bands, or to other media;
or, alternatively, would accept a sharing arrangement with the New
Entrants that may result in an otherwise impermissible level of
interference to the Existing Licensee\'s operations. New Entrants in the
2020-2025 MHz band are subject to the specific relocation procedures
adopted in WT Docket 04-356.\
\
(b) Existing Licensees in the 1990-2025 MHz band allocated for licensed
emerging technology services will maintain primary status in the band
until a New Entrant completes relocation of the Existing Licensee\'s
operations, Existing Licensee indicates to a New Entrant that it
declines to be relocated, become secondary under the terms of paragraphs
(f)(6) or (g)(1)(a) of this section.\
\
(c) The Commission will amend the operating license of the Existing
Licensee to secondary status only if the following requirements are met:

\(1\) The service applicant, provider, licensee, or representative using
an emerging technology guarantees payment of all relocation costs,
including all engineering, equipment, site and FCC fees, as well as any
reasonable additional costs that the relocated Existing Licensee might
incur as a result of operation in another authorized band or migration
to another medium;

\(2\) The New Entrant completes all activities necessary for
implementing the replacement facilities, including engineering and cost
analysis of the relocation procedure and, if radio facilities are used,
identifying and obtaining, on the incumbents\' behalf, new microwave or
Cable Television Relay Service frequencies and frequency coordination.

\(3\) The New Entrant builds the replacement system and tests it for
comparability with the existing system.

\(d\) The Existing Licensee is not required to relocate until the
alternative facilities are available to it for a reasonable time to make
adjustments, determine comparability, and ensure a seamless handoff.\
\
(e) If, within one year after the relocation to new facilities the
Existing Licensee demonstrates that the new facilities are not
comparable to the former facilities, the New Entrant must remedy the
defect.\
\
(f) Subject to the terms of this paragraph (f), the relocation of
Existing Licensees will be carried out by MSS licensees in the following
manner:

\(1\) Existing Licensees and MSS licensees may negotiate individually or
collectively for relocation of Existing Licensees to one of the channel
plans specified in § 74.602(a)(3) of this part. Parties may not decline
to negotiate, though Existing Licensees may decline to be relocated.

\(i\) MSS licensees must relocate all Existing Licensees in Nielsen
Designated Market Areas (DMAs) 1-30, as such DMAs existed on September
6, 2000, prior to beginning operations, except those Existing Licensees
that decline relocation. Such relocation negotiations shall be conducted
as \"mandatory negotiations,\" as that term is used in § 101.73 of this
chapter. If these parties are unable to reach a negotiated agreement,
MSS Licensees may involuntarily relocate such Existing Licensees after
December 8, 2004.

\(ii\) \[Reserved\]

\(iii\) On the date that the first MSS licensee begins operations in the
2000- 2020 MHz band, a one-year mandatory negotiation period begins
between MSS licensees and Existing Licensees in DMAs 31-210, as such
DMAs existed on September 6, 2000. After the end of the mandatory
negotiation period, MSS licensees may involuntary relocate any Existing
Licensees with which they have been unable to reach a negotiated
agreement. As described elsewhere in this paragraph (f), MSS Licensees
are obligated to relocate these Existing Licensees within the specified
three- and five-year time periods.

\(2\) Before negotiating with MSS licensees, Existing Licensees in
Nielsen Designated Market Areas where there is a BAS frequency
coordinator must coordinate and select a band plan for the market area.
If an Existing Licensee wishes to operate in the 2025-2110 MHz band
using the channel plan specified in § 78.18(a)(6)(i) of this part, then
all licensees within that Existing Licensee\'s market must agree to such
operation and all must operate on a secondary basis to any licensee
operating on the channel plan specified in § 78.18(a)(6)(ii). All
negotiations must produce solutions that adhere to the market area\'s
band plan.

\(3\) \[Reserved\]

\(4\) \[Reserved\]

\(5\) As of the date the first MSS Licensee begins operations in the
1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in
DMAs 31-100, as they existed as of September 6, 2000, within three
years, and in the remaining DMAs, as they existed as of September 6,
2000, within five years.

\(6\) On December 9, 2013, all Existing Licensees will become secondary
in the 1990-2025 MHz band. Upon written demand by any MSS Licensee,
Existing Licensees must cease operations in the 1990-2025 MHz band
within six months.

\(g\) The 1995-2000 MHz band is allocated for Advanced Wireless Services
(AWS). AWS licensees in this band are New Entrants as defined in
paragraph (a) of this section and therefore must comply with sections
(a), (b), (c), (d), (e) and (g) of this section to the extent AWS
entrants seek to relocate Broadcast Auxiliary Service licensees
operating on a primary basis and fixed service licensees operating on a
primary basis in the 1990-2025 MHz band (Existing Licensees).

\(1\) AWS licensees are required to protect previously Existing
Licensees in this band from interference.

\(a\) An AWS licensee may not begin operations in a specific Nielsen
Designated Market Area (DMA) until all incumbent operations in that DMA
have been either (1) relocated by an MSS licensee, an AWS entrant, or
another licensee; or (2) discontinued pursuant to the terms of paragraph
(a) of this section. If Existing Licensees remain in the band after
December 9, 2013, they must cease operations within six months of
receiving a written demand from either an MSS licensee or an AWS
licensee.

\(b\) An AWS licensee in this band is required conform to the technical
criteria specified in TIA Bulletin TSB 10-F, or procedures other than
TSB 10-F that follow generally acceptable good engineering practices
pursuant to § 101.105(c) of this chapter, to determine whether its
operations in the 1995-2000 MHz band would cause interference to the
operations of Existing Licensees in the 1990-2025 MHz band. To the
extent that the TSB 10-F demonstrates that an AWS licensee may cause
interference to Existing Licensees in an adjacent DMA, the AWS licensee
must either relocate the Existing Licensees or revise its proposed
operations to ensure, in accordance with the technical criteria in the
TSB 10-F, that its revised operations will not cause interference to
Existing Licensees in adjacent DMAs.

\(2\) If a specific DMA has not yet been cleared and an AWS licensee
seeks to begin operations in the specific DMA, an AWS licensee may
negotiate with an Existing Licensee for the purpose of agreeing to terms
under which the Existing Licensees would relocate their operations to
one of the channel plans specified in § 74.602(a)(3) of this chapter, to
other authorized bands, or to other media; or, alternatively, would
discontinue use of the 1990-2025 MHz band. An AWS licensee may negotiate
individually or collectively for relocation of Existing Licensees, but
the AWS licensee is required to coordinate its anticipated clearance
schedule with other New Entrants. New entrants are expected to work
cooperatively with all interested parties to avoid duplicative efforts
and undue delay in the negotiation and transition process. Parties may
not decline to negotiate, though Existing Licensees may decline to be
relocated. The good faith provisions set-forth in § 101.73 of this
chapter apply throughout the negotiation and relocation process.

\(3\) If a mandatory negotiation period for or an involuntary relocation
of Existing Licensees in a particular DMA has already been triggered
pursuant to paragraph (e) of this section or pursuant to provisions
set-forth elsewhere in this chapter or by order in WT Docket 02-55, ET
Docket 00-258, or ET Docket 95-18, an AWS licensee seeking to operate in
that particular DMA will not trigger a new negotiation or involuntary
relocation schedule pursuant to this section. If such has not occurred
with respect to a specific DMA, the following shall apply to AWS
licensees at 1995-2000 MHz:

\(a\) Existing Licensees in DMAs 1-30, as such DMAs existed on September
6, 2000, are subject to involuntary relocation. Under involuntary
relocation, the Existing Licensees are required to relocate providing
that the New Entrant complies with the requirements set-forth in
paragraph (c) of this section and furnishes Existing Licensees with
comparable facilities, as defined in § 101.75 (b) of this chapter.

\(b\) For the remaining DMAs, as such DMAs existed on September 6, 2000,
a one-year mandatory negotiation period will commence between Existing
Licensees and New Entrants (if such has not already occurred or been
triggered) when an AWS licensee approaches any Existing Licensee
operating in the specific DMA. Mandatory negotiations shall be conducted
in accordance with the good faith provisions set-forth in § 101.73 of
this chapter with the goal of providing the Existing Licensees with
comparable facilities, as defined in § 101.73(d)(1)-(3) of this chapter.
After the end of the mandatory negotiation period, an AWS licensee may
involuntary relocate any Existing Licensees with which they have been
unable to reach a negotiated agreement.

\(c\) To the extent the Commission adopts an earlier transition date to
relocate Existing Licensees in a specific DMA in WT Docket 02-55, ET
Docket 00-258, or ET Docket 95-18, AWS licensees and Existing Licensees
shall comply with the requirements set-forth and adopted in those
proceedings

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

**PART 101---FIXED MICROWAVE SERVICES**

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

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

Policies Governing Microwave Relocation From the 1850--1990 and
2110--2200 MHz Bands

21. Paragraph (f) of Section 101.69 is revised to read as follows:

    **§ 101.69   Transition of the 1850--1990 MHz, 2110--2150 MHz, and
    2160--2200 MHz bands from the fixed microwave services to personal
    communications services and emerging technologies.**

Fixed Microwave Services (FMS) in the 1850--1990 MHz, 2110--2150 MHz,
and 2160--2200 MHz bands have been allocated for use by emerging
technology (ET) services, including Personal Communications Services
(PCS), Advanced Wireless Services (AWS), and Mobile Satellite Services
(MSS). The rules in this section provide for a transition period during
which ET licensees may relocate existing FMS licensees using these
frequencies to other media or other fixed channels, including those in
other microwave bands.

\(a\) ET licensees may negotiate with FMS licensees authorized to use
frequencies in the 1850--1990 MHz, 2110--2150 MHz, and 2160--2200 MHz
bands, for the purpose of agreeing to terms under which the FMS
licensees would:

\(1\) Relocate their operations to other fixed microwave bands or other
media; or alternatively

\(2\) Accept a sharing arrangement with the ET licensee that may result
in an otherwise impermissible level of interference to the FMS
operations.

(b)---(c) \[Reserved\]

\(d\) Relocation of FMS licensees in the 2110--2150 and 2160--2200 MHz
band will be subject to mandatory negotiations only. Except as provided
in paragraph (e) of this section, mandatory negotiation periods are
defined as follows:

\(1\) Non-public safety incumbents will have a two-year mandatory
negotiation period; and

\(2\) Public safety incumbents will have a three-year mandatory
negotiation period.

\(e\) Relocation of FMS licensees by Mobile-Satellite Service (MSS)
licensees, including MSS licensees providing Ancillary Terrestrial
Component (ATC) service, will be subject to mandatory negotiations only.
Mandatory negotiation periods that are triggered in the first instance
by MSS/ATC licensees are defined as follows:

\(1\) The mandatory negotiation period for non-public safety incumbents
will end December 8, 2004.

\(2\) The mandatory negotiation period for public safety incumbents will
end December 8, 2005.

\(f\) AWS licensees operating in the 1915--1920 MHz band will follow the
requirements and procedures set forth in ET Docket No. 00--258 and WT
Docket No. 04--356.

\(g\) If no agreement is reached during the mandatory negotiation
period, an ET licensee may initiate involuntary relocation procedures.
Under involuntary relocation, the incumbent is required to relocate,
provided that the ET licensee meets the conditions of §101.75.

22. Section 101.79(a)(1) is revised to read as follows:

    **§ 101.79   Sunset provisions for licensees in the 1850--1990 MHz,
    2110--2150 MHz, and 2160--2200 MHz bands.**

\(a\) FMS licensees will maintain primary status in the 1850--1990 MHz,
2110--2150 MHz, and 2160--2200 MHz bands unless and until an ET licensee
(including MSS/ATC operator) requires use of the spectrum. ET licensees
are not required to pay relocation costs after the relocation rules
sunset. Once the relocation rules sunset, an ET licensee may require the
incumbent to cease operations, provided that the ET licensee intends to
turn on a system within interference range of the incumbent, as
determined by TIA TSB 10--F (for terrestrial-to-terrestrial situations)
or TIA TSB 86 (for MSS satellite-to-terrestrial situations) or any
standard successor. ET licensee notification to the affected FMS
licensee must be in writing and must provide the incumbent with no less
than six months to vacate the spectrum. After the six-month notice
period has expired, the FMS licensee must turn its license back into the
Commission, unless the parties have entered into an agreement which
allows the FMS licensee to continue to operate on a mutually agreed upon
basis. The date that the relocation rules sunset is determined as
follows:

\(1\) For the 2110--2150 MHz and 2160~~--~~2180 MHz bands, ten years
after the first ET license is issued in the respective band; and

\* \* \* \* \*

**APPENDIX B**

**Supplemental Initial Regulatory Flexibility Analysis**

1\. As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),[^10] the Commission has prepared this Supplemental Initial
Regulatory Flexibility Analysis (Supplemental IRFA) of the possible
significant economic impact on a substantial number of small entities of
the policies and rules considered in this *Further Notice of Proposed
Rulemaking* (*Further Notice*). Initial Regulatory Flexibility Analyses
were included in the *AWS-2 NPRM*[^11] and the *AWS-3 NPRM*. [^12]
Written public comments are requested on this Supplemental IFRA.
Comments must be identified as responses to the Supplemental IRFA and
must be filed by the deadlines for comments on the *Further Notice*. The
Commission will send a copy of the *Further Notice*, including this
Supplemental IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA).[^13] In addition, the *Further Notice*
and Supplemental IRFA (or summaries thereof) will be published in the
Federal Register.[^14]

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

2.  The *Further Notice* contemplates service rules for licensed fixed
    and mobile services, including advanced wireless services (AWS), in
    the 1915-1920 MHz and 1995-2000 MHz bands (collectively the "H
    Block") and the 2155-2175 MHz and 2175-2180 MHz bands (collectively
    the "AWS-3 band").[^15] These service rules include application,
    licensing, operating and technical rules for the AWS-3 band and H
    Block.[^16] Consistent with the Commission's policy objective of
    affording licensees the flexibility to deploy new technologies, to
    implement service innovations, and to respond to market forces, the
    *Further Notice* proposes service rules that provide AWS-3 and H
    Block licensees with the flexibility to provide any fixed or mobile
    service, including advanced wireless services, which is consistent
    with the allocations for this spectrum. The market-oriented
    licensing framework for these bands would ensure that this spectrum
    is efficiently utilized and will foster the development of new and
    innovative technologies and services, as well as encourage the
    growth and development of broadband services, ultimately leading to
    greater benefits to consumers.

3.  The *Further Notice* seeks to adopt rules that will reduce
    regulatory burdens, promote innovative services, and encourage
    flexible use of this spectrum. Such an approach opens up economic
    opportunities to a variety of spectrum users, which could include
    small businesses.

4.  The *Further Notice* proposes combining the 2155-2175 MHz band with
    the 2175-2180 MHz band to form a 25 MHz block of spectrum.[^17]

5.  In the *Further Notice*, the Commission also seeks comments on its
    proposal to permit both downlink and uplink transmissions throughout
    the entire AWS-3 band.[^18]

6.  In the *Further Notice,* the Commission also seeks comments on its
    proposal to require an AWS-3 licensee to provide free, two-way
    broadband Internet service that includes engineered data rates of at
    least 768 kps downstream for the average user experience using up to
    25 percent of the licensee's wireless network capacity and an
    "always on" network-based filtering mechanism.[^19]

7.  In the *Further Notice,* the Commission seeks comments on its
    proposal to require the licensee to provide for open devices and
    open applications for its premium service and open devices for its
    free service. [^20]

8.  In the *Further Notice,* the Commission seeks comments on its
    proposal to adopt a single nationwide license for the 2155-2180 MHz
    band.[^21]

9.  In the *Further Notice,* the Commission seeks comments on its
    proposal to adopt open eligibility for the AWS-3 band.[^22]

10. In the *Further Notice,* the Commission seeks comments on its
    proposal to allow licensees to disaggregate, partition, and lease
    the spectrum.[^23]

11. In the *Further Notice,* the Commission seeks comments on its
    proposal to require AWS-3 licensees to provide signal coverage and
    offer service to: 1) at least 50 percent of the total population of
    the nation within four years of commencement of the license term
    and 2) at least 95 percent of the total population of the nation at
    the end of the 10-year license term.[^24]

12. In the *Further Notice,* the Commission seeks comments on its
    proposal to provide initial license term of ten years and subsequent
    renewal terms of ten years.[^25]

13. In the *Further Notice,* the Commission seeks comments on its
    proposal to provide that mutually exclusive applications should be
    resolved through competitive bidding.[^26]

14. In the *Further Notice,* the Commission seeks comments on its
    proposal to require AWS-3 mobiles to attenuate out-of-band emissions
    (OOBE) by 60 + 10log (P) dB outside of the AWS-3 band, and establish
    a power limit for AWS-3 mobile devices of 23 dBm/MHz equivalent
    isotropically radiated power (EIRP).[^27]

15. In the *Further Notice,* the Commission seeks comments on its
    proposal to require an OOBE limit of 43 + 10 log (P) dB for AWS-3
    base and fixed downlink stations and a power limit of 1640 watts
    peak EIRP in non-rural areas and 3280 watts peak EIRP in rural
    areas.[^28]

16. In the *Further Notice,* the Commission seeks comments on its
    proposal to license the H Block using exclusive geographic area
    licensing on a Basic Trading Area (BTA) basis.[^29]

17. In the *Further Notice,* the Commission seeks comments on its
    proposal to adopt open eligibility for the H Block.[^30]

18. In the *Further Notice,* the Commission seeks comments on its
    proposal to allow licensees to disaggregate, partition, and lease
    the spectrum.[^31]

19. In the *Further Notice,* the Commission seeks comments on its
    proposal to require an H Block licensee to provide signal coverage
    and offer service to: 1) at least 35 percent of the population in
    each licensed area within four years and 2) at least 70 percent of
    the population in each licensed area at the end of the license
    term.[^32]

20. In the *Further Notice,* the Commission seeks comments on its
    proposal to provide an initial license term of ten years and
    subsequent renewal terms of ten years.[^33]

21. In the *Further Notice,* the Commission seeks comments on its
    proposal to provide that mutually exclusive applications should be
    resolved through competitive bidding. [^34]

22. In the *Further Notice,* the Commission seeks comments on its
    proposal to require H Block licensees in the 1915-1920 MHz band to
    pay a *pro rata* share of expenses previously incurred by UTAM Inc.
    in clearing that band .[^35]

23. In the *Further Notice,* the Commission seeks comments on its
    proposal to adopt both relocation requirements for H Block entrants
    in the 1995-2000 MHz band and procedures for cost-sharing among
    other new entrants in the Broadcast Auxiliary Service band,
    including Sprint Nextel and Mobile Satellite Service entrants.[^36]

24. In the *Further Notice,* the Commission seeks comments on its
    proposal to prohibit base and fixed transmission in the 1915-1920
    MHz band.[^37]

25. In the *Further Notice,* the Commission seeks comments on its
    proposal to require mobiles at 1915-1920 MHz to attenuate OOBE by
    90 + 10log P dB within the PCS band (1930-1990 MHz band), and
    establish a power limit for mobiles of 23 dBm/MHz EIRP.[^38]

26. In the *Further Notice,* the Commission seeks comments on its
    proposal to prohibit mobile transmission in the 1995-2000 MHz
    band.[^39]

27. In the *Further Notice,* the Commission seeks comments on its
    proposal to adopt an OOBE limit of 43 + 10 log (P) dB for base and
    fixed stations at 1995-2000 MHz and a power limit of 1640 watts peak
    EIRP in non-rural areas and 3280 watts peak EIRP in rural
    areas.[^40]

28. Our actions today bring us closer to our goals of achieving the
    universal availability of broadband access and increasing
    competition in the provision of such broadband services both in
    terms of the types of services offered and in the technologies
    utilized to provide those services. The widespread deployment of
    broadband will bring new services to consumers, stimulate economic
    activity, improve national productivity, and advance many other
    objectives -- such as improving education, and advancing economic
    opportunity for more Americans. By encouraging the growth and
    development of broadband, our actions today also foster the
    development of facilities-based competition. We achieve these
    objectives by taking a market-oriented approach to licensing this
    spectrum that provides greater certainty, minimal regulatory
    intervention, and leads to greater benefits to consumers.

> **B. Legal Basis**

29. The proposed action is authorized pursuant to sections 1, 2, 4(i),
    7, 10, 201, 214, 301, 302, 303, 307. 308, 309, 310, 319, 324, 332
    and 333 of the Communications Act of 1934, as amended, 47 U.S.C. §§
    151, 152, 154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309,
    310, 319, 324, 332, 333.

> **C. Description and Estimate of the Number of Small Entities To Which
> the Proposed Rules Will Apply**

30. The RFA directs agencies to provide a description of, and where
    feasible, an estimate of the number of small entities that may be
    affected by the proposed rules, if adopted.[^41] The RFA generally
    defines the term "small entity" as having the same meaning as the
    terms "small business," "small organization," and "small
    governmental jurisdiction."[^42] In addition, the term "small
    business" has the same meaning as the term "small business concern"
    under the Small Business Act.[^43] A "small business concern" is one
    which: (1) is independently owned and operated; (2) is not dominant
    in its field of operation; and (3) satisfies any additional criteria
    established by the Small Business Administration (SBA).[^44]

31. The Commission has not yet determined how many licenses will be
    awarded in the 1915-1920 MHz, 1995-2000 MHz, and 2155-2180 MHz
    bands. Moreover, the Commission does not yet know how many
    applicants or licensees in these bands will be small entities.
    Though the Commission does not know for certain which entities are
    likely to apply for these frequencies, we note that the H Block and
    AWS-3 band are comparable to cellular service and personal
    communications service.[^45] Accordingly, we believe the following
    sorts of regulated entities might ultimately also be applicants or
    licensees in this context and thus might be directly affected by our
    contemplated rules.

32. *[Small Businesses]{.underline}*. Nationwide, there are a total of
    approximately 22.4 million small businesses, according to SBA
    data.[^46]

33. *[Small Organizations.]{.underline}* Nationwide, there are
    approximately 1.6 million small organizations.[^47]

34. *[Small Governmental Jurisdictions.]{.underline}* The term "small
    governmental jurisdiction" is defined as "governments of cities,
    towns, townships, villages, school districts, or special districts,
    with a population of less than fifty thousand."[^48] As of 2002,
    there were approximately 87,525 governmental jurisdictions in the
    United States.[^49] This number includes 38,967 county governments,
    municipalities, and townships, of which 37,373 (approximately 95.9%)
    have populations of fewer than 50,000, and of which 1,594 have
    populations of 50,000 or more. Thus, we estimate the number of small
    governmental jurisdictions overall to be 85,931 or fewer.

35. *Wireless Telecommunications Carriers (except Satellite)*. Since
    2007, the Census Bureau has placed wireless firms within this new,
    broad, economic census category.[^50] Prior to that time, such firms
    were within the now-superseded categories of "Paging" and "Cellular
    and Other Wireless Telecommunications."[^51] Under the present and
    prior categories, the SBA has deemed a wireless business to be small
    if it has 1,500 or fewer employees.[^52] Because Census Bureau data
    are not yet available for the new category, we will estimate small
    business prevalence using the prior categories and associated data.
    For the category of Paging, data for 2002 show that there were 807
    firms that operated for the entire year.[^53] Of this total, 804
    firms had employment of 999 or fewer employees, and three firms had
    employment of 1,000 employees or more.[^54] For the category of
    Cellular and Other Wireless Telecommunications, data for 2002 show
    that there were 1,397 firms that operated for the entire year.[^55]
    Of this total, 1,378 firms had employment of 999 or fewer employees,
    and 19 firms had employment of 1,000 employees or more.[^56] Thus,
    we estimate that the majority of wireless firms are small.

36. *[Wireless Telephony.]{.underline}* Wireless telephony includes
    cellular, personal communications services, and specialized mobile
    radio telephony carriers. As noted above, the SBA has developed a
    small business size standard for "Wireless Telecommunications
    Carriers (except Satellite)" services.[^57] Under that SBA small
    business size standard, a business is small if it has 1,500 or fewer
    employees.[^58] According to Commission data, 432 carriers reported
    that they were engaged in the provision of wireless telephony.[^59]
    We have estimated that 221 of these are small under the SBA small
    business size standard.

37. *[Broadband Personal Communications Service.]{.underline}* The
    broadband personal communications services (PCS) spectrum is divided
    into six frequency blocks designated A through F, and the Commission
    has held auctions for each block. The Commission has created a small
    business size standard for Blocks C and F as an entity that has
    average gross revenues of less than \$40 million in the three
    previous calendar years.[^60] For Block F, an additional small
    business size standard for "very small business" was added and is
    defined as an entity that, together with its affiliates, has average
    gross revenues of not more than \$15 million for the preceding three
    calendar years.[^61] These small business size standards, in the
    context of broadband PCS auctions, have been approved by the
    SBA.[^62] No small businesses within the SBA-approved small business
    size standards bid successfully for licenses in Blocks A and B.
    There were 90 winning bidders that qualified as small entities in
    the Block C auctions. A total of 93 "small" and "very small"
    business bidders won approximately 40 percent of the 1,479 licenses
    for Blocks D, E, and F.[^63] On March 23, 1999, the Commission
    reauctioned 155 C, D, E, and F Block licenses; there were 113 small
    business winning bidders.[^64]

38. On January 26, 2001, the Commission completed the auction of 422 C
    and F Broadband PCS licenses in Auction No. 35. Of the 35 winning
    bidders in this auction, 29 qualified as "small" or "very small"
    businesses.[^65] Subsequent events concerning Auction 35, including
    judicial and agency determinations, resulted in a total of 163 C and
    F Block licenses being available for grant.

39. *[Cellular Licensees.]{.underline}* As noted, the SBA has developed
    a small business size standard for wireless firms within the broad
    economic census category "Wireless Telecommunications Carriers
    (except Satellite)."[^66] Under this category, a wireless business
    is small if it has 1,500 or fewer employees. Also, as noted, using
    Commission data we have estimated that most of these entities are
    small.

> **D. Description of Projected Reporting, Recordkeeping, and other
> Compliance Requirements**

40. The projected reporting, recordkeeping, and other compliance
    requirements resulting from the *Further Notice* will apply to all
    entities in the same manner. The Commission believes that applying
    the same rules equally to all entities in this context promotes
    fairness. The Commission does not believe that the costs and/or
    administrative burdens associated with the rules will unduly burden
    small entities. The revisions the Commission adopts should benefit
    small entities by giving them more information, more flexibility,
    and more options for gaining access to valuable wireless spectrum.

41. Applicants for AWS licenses in the H Block and AWS-3 band will be
    required to file license applications using the Commission's
    automated Universal Licensing System (ULS). ULS is an online
    electronic filing system that also serves as a powerful information
    tool that enables potential licensees to research applications,
    licenses, and antennae structures. It also keeps the public informed
    with weekly public notices, FCC rulemakings, processing utilities,
    and a telecommunications glossary. Applicants will be required to
    submit short-form auction applications using FCC Form 175.[^67] In
    addition, winning bidders must submit long-form license applications
    through ULS using Form 601,[^68] FCC Ownership Disclosure
    Information for the Wireless Telecommunications Services using FCC
    Form 602, and other appropriate forms.[^69]

> **E. Steps Taken to Minimize Significant Economic Impact on Small
> Entities, and Significant Alternatives Considered**

42. The RFA requires an agency to describe any significant, specifically
    small business, alternatives that it has considered in reaching its
    proposed approach, which may include the following four alternatives
    (among others): "(1) the establishment of differing compliance or
    reporting requirements or timetables that take into account the
    resources available to small entities; (2) the clarification,
    consolidation, or simplification of compliance and reporting
    requirements under the rule for such small entities; (3) the use of
    performance rather than design standards; and (4) an exemption from
    coverage of the rule, or any part thereof, for such small
    entities."[^70]

43. Here, we propose service rules that are efficient and also fair to
    all entities, including small entities. We also note that,
    specifically to assist small businesses, the associated *AWS-2 NPRM*
    and the *AWS-3 NPRM* propose to establish small business size
    standards and associated small business bidding credits for the
    1915-1920 MHz, 1995-2000 MHz, 2155-2175 MHz, and 2175-2180 MHz
    bands.[^71] The *AWS-2 NPRM* and the *AWS-3 NPRM* propose to define
    a small business as an entity with average annual gross revenues for
    the preceding three years not exceeding \$40 million, and a very
    small business as an entity with average annual gross revenues for
    the preceding three years not exceeding \$15 million, if licenses
    are not nationwide.[^72] The *AWS-2 NPRM* and the *AWS-3 NPRM*
    propose a bidding credit of 15 percent for small businesses and a
    bidding credit of 25 percent for very small businesses under certain
    circumstances.[^73]

44. The *AWS-2 NPRM* and the *AWS-3 NPRM* also *s*olicit comment on a
    number of proposals and alternatives regarding the service rules for
    the 1915-1920 MHz, 1995-2000 MHz, 2155-2175 MHz, and 2175-2180 MHz
    bands.[^74] The *AWS-2 NPRM* and the *AWS-3 NPRM* seek to adopt
    rules that will reduce regulatory burdens, promote innovate services
    and encourage flexible use of this spectrum. It opens up economic
    opportunities to a variety of spectrum users, which could include
    small businesses. The *AWS-2 NPRM* and the *AWS-3 NPRM* consider
    various proposals and alternatives partly because the Commission
    seeks to minimize, to the extent possible, the economic impact on
    small businesses. [^75]

45. The *AWS-2 NPRM* and the *AWS-3 NPRM* invite comment on various
    alternative licensing and service rules and on a number of issues
    relating to how the Commission should craft service rules for this
    spectrum, which could have an impact on small entities. For example,
    the Commission seeks comment on the licensing approach for these
    frequencies and how the size of spectrum blocks would impact small
    entities.[^76] The *AWS-2 NPRM* and the *AWS-3 NPRM* seek proposals
    for a geographic area approach to geographic areas as opposed to a
    station-defined licensing approach.[^77]

46. The regulatory burdens proposed in the *AWS-2 NPRM* and the *AWS-3
    NPRM,* such as filing applications on appropriate forms, appear
    necessary in order to ensure that the public receives the benefits
    of innovative new services, or enhanced existing services, in a
    prompt and efficient manner. The Commission will continue to examine
    alternatives in the future with the objectives of eliminating
    unnecessary regulations and minimizing any significant economic
    impact on small entities. The Commission invites comment on any
    additional significant alternatives parties believe should be
    considered and on how the approach outlined in the *AWS-2 NPRM* and
    the *AWS-3 NPRM* will impact small entities, including small
    businesses and small government entities.

47. In addition, we seek comment on proposed rules that would permit
    licensees, including small entity licensees, to disaggregate,
    partition, and lease the spectrum. These options are helpful to
    small entities, and we seek comment on these proposals.

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

48\. None.

[^1]: Advanced Wireless Services is the collective term we use for new
    and innovative fixed and mobile terrestrial wireless applications
    using bandwidth that is sufficient for the provision of a variety of
    applications, including those using voice and data (such as Internet
    browsing, message services, and full-motion video) content. Although
    AWS is commonly associated with so-called third generation (3G)
    applications and has been predicted to build on the successes of
    such current-generation commercial wireless services as cellular and
    Broadband Personal Communications Services (PCS), the services
    ultimately provided by AWS licensees are limited only by the Fixed
    and Mobile designation of the spectrum we allocate for AWS and the
    service rules we ultimately adopt for the bands.

[^2]: 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, Service Rules for Advanced Wireless Services in the 1.7 GHz
    and 2.1 GHz Bands, WT Docket No. 02-353, *Notice of Proposed
    Rulemaking*, 19 FCC Rcd 19263 (2004) (*AWS-2 NPRM*).

[^3]: Service Rules for Advanced Wireless Services in the 2155-2175 MHz
    Band, WT Docket No. 07-195, *Notice of Proposed Rulemaking*, 22 FCC
    Rcd 17035 (2007) (*AWS-3 NPRM*).

[^4]:  *See, e.g.,* 47 C.F.R. §§ 27.53(c)(1)(2), 27.53(h).

[^5]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206.

[^6]: *See* 47 C.F.R. §§ 1.415, 1.419.

[^7]: Electronic Filing of Documents in Rulemaking Proceedings, *Report
    and Order*, 13 FCC Rcd 11322 (1998).

[^8]: 5 U.S.C. § 603.

[^9]: Pub. L. 107-198, *see* 44 U.S.C. 3506(c)(4).

[^10]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601 -- 612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^11]: Service Rules for Advanced Wireless Services in the 1915-1920
    MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz; Service Rules
    for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT
    Docket No. 04-356, WT Docket No. 02-353, *Notice of Proposed
    Rulemaking*, 19 FCC Rcd 19263 (2004) (*AWS-2 NPRM*).

[^12]: Service Rules for Advanced Wireless Services in the 2155-2175 MHz
    Band, WT Docket No. 07-195, *Notice of Proposed Rulemaking*, 22 FCC
    Rcd 17035 (2007) (*AWS-3 NPRM*).

[^13]: *See* 5 U.S.C. § 603(a).

[^14]: *See* 5 U.S.C. § 603(a).

[^15]: *See* *Further Notice* at ¶ 1.

[^16]: *See* *Further Notice* at ¶ 3-4.

[^17]: *See* *Further Notice* at ¶ 3.

[^18]: *See* *Further Notice* at ¶ 3.

[^19]: *See* *Further Notice* at ¶ 3.

[^20]: *See* *Further Notice* at ¶ 3.

[^21]: *See* *Further Notice* at ¶ 3.

[^22]: *See* *Further Notice* at ¶ 3.

[^23]: *See* *Further Notice* at ¶ 3.

[^24]: *See* *Further Notice* at ¶ 3.

[^25]: *See* *Further Notice* at ¶ 3.

[^26]: *See* *Further Notice* at ¶ 3.

[^27]: *See* *Further Notice* at ¶ 3.

[^28]: *See* *Further Notice* at ¶ 3.

[^29]: *See* *Further Notice* at ¶ 4.

[^30]: *See* *Further Notice* at ¶ 4.

[^31]: *See* *Further Notice* at ¶ 4.

[^32]: *See* *Further Notice* at ¶ 4.

[^33]: *See* *Further Notice* at ¶ 4.

[^34]: *See* *Further Notice* at ¶ 4.

[^35]: *See* *Further Notice* at ¶ 4.

[^36]: *See* *Further Notice* at ¶ 4.

[^37]: *See* *Further Notice* at ¶ 4.

[^38]: *See* *Further Notice* at ¶ 4.

[^39]: *See* *Further Notice* at ¶ 4.

[^40]: *See* *Further Notice* at ¶ 4.

[^41]: 5 U.S.C. § 603(b)(3).

[^42]: 5 U.S.C. § 601(6).

[^43]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^44]: 15 U.S.C. § 632.

[^45]: *See, e.g.*, *AWS-2 Service Rules NPRM*; *AWS-3 Service Rules
    NPRM.*

[^46]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
    page 40 (July 2002).

[^47]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^48]: 5 U.S.C. § 601(5).

[^49]: U.S. Census Bureau, Statistical Abstract of the United States:
    2006, Section 8, pages 272-273, Tables 415 and 417.

[^50]: U.S. Census Bureau, 2007 NAICS Definitions, "517210 Wireless
    Telecommunications Categories (Except Satellite)";
    <http://www.census.gov/naics/2007/def/ND517210.HTM#N517210>.

[^51]: U.S. Census Bureau, 2002 NAICS Definitions, "517211 Paging";
    <http://www.census.gov/epcd/naics02/def/NDEF517.HTM>.; U.S. Census
    Bureau, 2002 NAICS Definitions, "517212 Cellular and Other Wireless
    Telecommunications";
    <http://www.census.gov/epcd/naics02/def/NDEF517.HTM>.

[^52]: 13 C.F.R. § 121.201, NAICS code 517210 (2007 NAICS). The
    now-superseded, pre-2007 C.F.R. citations were 13 C.F.R. § 121.201,
    NAICS codes 517211 and 517212 (referring to the 2002 NAICS).

[^53]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517211 (issued Nov. 2005).

[^54]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^55]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517212 (issued Nov. 2005).

[^56]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^57]: 13 C.F.R. § 121.201, NAICS code 517210.

[^58]: 13 C.F.R. § 121.201, NAICS code 517210.

[^59]: FCC, Wireline Competition Bureau, Industry Analysis and
    Technology Division, "Trends in Telephone Service" at Table 5.3,
    page 5-5 (Feb. 2007). This source uses data that are current as of
    October 2005.

[^60]: *See* Amendment of Parts 20 and 24 of the Commission's Rules --
    Broadband PCS Competitive Bidding and the Commercial Mobile Radio
    Service Spectrum Cap, *Report and Order*, 11 FCC Rcd 7824,
    7850-7852, paras. 57-60 (1996); *see also* 47 C.F.R. § 24.720(b).

[^61]: *See* Amendment of Parts 20 and 24 of the Commission's Rules --
    Broadband PCS Competitive Bidding and the Commercial Mobile Radio
    Service Spectrum Cap, *Report and Order*, 11 FCC Rcd 7824, 7852,
    para. 60.

[^62]: *See* Letter to Amy Zoslov, Chief, Auctions and Industry Analysis
    Division, Wireless Telecommunications Bureau, Federal Communications
    Commission, from Aida Alvarez, Administrator, Small Business
    Administration, dated December 2, 1998.

[^63]: FCC News, "Broadband PCS, D, E and F Block Auction Closes," No.
    71744 (released January 14, 1997).

[^64]: *See* "C, D, E, and F Block Broadband PCS Auction Closes,"
    *Public Notice*, 14 FCC Rcd 6688 (WTB 1999).

[^65]: *See* "C and F Block Broadband PCS Auction Closes; Winning
    Bidders Announced," *Public Notice*, 16 FCC Rcd 2339 (2001).

[^66]: 13 C.F.R. § 121.201, NAICS code 517210.

[^67]: *See generally* 47 C.F.R. § 1.2105.

[^68]: 47 C.F.R. § 1.913(a)(1).

[^69]: 47 C.F.R. § 1.2107.

[^70]: 5 U.S.C. § 603(c)(1) -- (c)(4).

[^71]: *See* *AWS-2 NPRM*, 19 FCC Rcd at 19307-10 ¶ 119-124; *AWS-3
    NPRM*, 22 FCC Rcd at 17096-98 ¶ 150-54.

[^72]: *AWS-2 NPRM*, 19 FCC Rcd at 19308-09 ¶ 122; *AWS-3 NPRM*, 22 FCC
    Rcd at 17097 ¶ 152.

[^73]: *AWS-2 NPRM*, 19 FCC Rcd at 19309-10 ¶ 123-24; *AWS-3 NPRM*, 22
    FCC Rcd at 17097-98 ¶ 153-54.

[^74]: *See generally AWS-2 NPRM; AWS-3 NPRM*.

[^75]: *AWS-2 NPRM*, 19 FCC Rcd at 19325-26 ¶ 26-31; *AWS-3 NPRM*, 22
    FCC Rcd at 17106-08 ¶ 21-25.

[^76]: *See* *AWS-2 NPRM*, 19 FCC Rcd at 19272-77 ¶ 21-31; *AWS-3 NPRM*,
    22 FCC Rcd at 17106-08 ¶ 34-38.

[^77]: *See* *AWS-2 NPRM*, 19 FCC Rcd at 19271-72 ¶ 18-20; *AWS-3 NPRM*,
    22 FCC Rcd at 17050-51 ¶ 31-33.