# Presentation: 170051

## Overview of Service Rules:Legal and Technical  Issues

- Nancy Zaczek
- Special Counsel, Broadband Division
- Michael Pollak
- Electronics Engineer, Broadband Division
- May 25, 2004

*24 MHz*
- Auction (#56) Seminar

**Notes:**
In this presentation, we discuss some of the legal and technical issues in the 24 GHz band.
I will start with the legal issues, and Mike will follow with the technical issues.

## Disclaimer 

- Nothing herein is intended to supersede any provision of the Commission's rules or public notices.  These slides should not be used as a substitute for a prospective applicant's review of the Commission's relevant orders, rules, and public notices.  Prospective applicants must familiarize themselves thoroughly and remain current with the Commission's rules relating to the 24 GHz Service, rules relating to application and auction procedures, and the procedures, terms and conditions contained in the Auction No. 56 public notices.

## Introduction

- Background of Proceeding
- Service rules
- Technical issues

**Notes:**
First, I will briefly note the background of the proceeding.
Then, I will discuss the service rules.
Then, Mike will discuss some technical issues.

## Background of Proceeding 

- _WT Docket 99-327_: Amendments to Parts 1, 2, 87, and 101 of the Commission’s Rules to License Fixed Services at 24 GHz
*24 GHz Report and Order*, FCC 00-272, rel. Aug. 1, 2000; 15 FCC Rcd 16934 -- adopted service rules, including licensing and technical rules
*24 GHz Order on Reconsideration*, FCC 01-151, rel. May 17, 2001; 16 FCC Rcd 11156 -- affirmed *Report and Order*
- Available at FCC web site through “EDOCS”
- Visit “http://www.fcc.gov/searchtools.html” and select EDOCS

**Notes:**
On August 1, 2000, the Commission released the 24 GHz Report and Order in WT Docket No. 99-327, adopting service rules for licensing the 24 GHz band.
The decisions in this Report and Order were later affirmed by a May 2001 Order on Reconsideration.
You should become familiar with the 24 GHz proceeding.
These documents are available through “EDOCS,” the FCC Electronic Document Management System.

## Service Rules

- Eligibility
- Permissible licensed services
- Band plan
- Geographic area licenses
- Licensing rules / Part 101

**Notes:**
My presentation of the service rules will cover:
1) Eligibility
2) Permissible licensed services;
3) The band plan;
4) Geographic area licenses; and
5) Licensing rules.

## Eligibilty

- Open eligibility

## Permissible Licensed Services

- Fixed terrestrial non-broadcast
- Digital service
- Point-to-point, point-to-multipoint terrestrial (*see* §101.511), subject to the technical rules

**Notes:**
A flexible use approach was adopted for the 24 GHz band, allowing for any fixed non-broadcast terrestrial  service subject to the technical limitations set forth in Part 101.

## Band Plan

- Five 80-megahertz blocks, with each block consisting of a pair of 40-megahertz segments (101.147(r)(9)).
- Channel No. 35 ---- 24,250-24,290        25,050-25,090 MHz
- Channel No. 36 ---- 24,290-24,330        25,090-25,130 MHz
- Channel No. 37 ---- 24,330-24,370        25,130-25,170 MHz
- Channel No. 38 ---- 24,370-24,410        25,170-25,210 MHz
- Channel No. 39 ---- 24,410-24,450        25,210-25,250 MHz
- Either the upper or lower side can be used for the nodal station or the subscriber station in any amount except near inter’l borders.

**Notes:**
The band plan consists of:
Five 80-megahertz blocks, with each block consisting of a pair of 40-megahertz segments.

## Geographic Area Licenses

- Five 40-megahertz channel pairs will be assigned over 176 Economic Area (EAs), (§ 101.523(a))
- 172 service areas specified by the Department of Commerce
- 4 EA-like areas:
-       • Guam and the Northern Mariana Islands
-       • Puerto Rico and the United Virgin Islands
-       • American Samoa
-       • Gulf of Mexico

**Notes:**
Geographic areas licenses will be issued in this auction.

## Geographic Area Licensescont.

- Excluded -- channels licensed by incumbent in Standard Metropolitan Statistical Area (SMSA) within an EA (§ 101.523(b)).
- Incumbent SMSA licensees retain the exclusive right to those channels within the SMSA (§ 101.523(b)).
- If incumbent loses authorization reverts to EA holder (§ 101.527(d)).

## Licensing Rules

- Part 101
- License term and renewal expectancy
- Build-out requirements
- Partitioning / Disaggregation

**Notes:**
My discussion of the licensing rules will touch on:
1) Part 101;
2) License term and renewal expectancy;
3) Build-out requirements; and
4) Partitioning / Disaggregation 

## Part 101

- Part 101 generally applies to band
- Flexible licensing approach

## License Term and Renewal

- Licenses expire 10 years from the date of license grant or license renewal for incumbent (§ 101.526)
- Right of renewal expectancy established for licensees that satisfy the performance/build-out requirements (§ 101.529)

**Notes:**
Licensees which satisfy the performance and build-out requirements will have a right to a renewal expectancy.

## Build-out Requirements

- No specific benchmarks to afford flexibility.
- “Substantial service” must be provided to service area within 10 years of the license grant (§ 101.527).
- Case-by-case determination.

**Notes:**
There are no specific performance benchmarks in order to afford licensees flexibility.
“Substantial service” must be provided to service area before the end of their license term.
The several “safe harbor” standards established in 24 GHz Report and Order can be invoked to demonstrate substantial service.
Note that substantial service standard requires the licensee to build out in rural areas as well as urban; build-out limited to urban areas, even if otherwise compliant, is not necessarily assured of license renewal.
The same rules apply here as in Upper 700 MHz commercial band.

## Build-out Requirementscont.

- Safe harbors
- 4 links per million pop. within a service area.
- Service to an area that very limited access to either wireless or wireline telecommunications services

## Partitioning and Disaggregation

- Partitioning (dividing geographic areas) and disaggregation (dividing spectrum) are permitted (see § 101.535).
- Two options for build-out.

**Notes:**
Partitioning (which is the dividing of geographic areas) and disaggregation (which is the dividing of spectrum) are permitted. 

## Partitioning and Disaggregationcont.

**First option:  parties certify that they will each separately satisfy the substantial service requirement for their portion of the service area.**
**Second option:  original licensee or partitioner certifies that it has met or will meet the substantial service requirement for the entire service area during the license term. **

## Technical Rules

- Intern’l treaty agreements
- Power limits
- Emission limits
- Signal strength limits
- Incumbent protection

**Notes:**
Mike Pollak will discuss the following areas:
International Treaty agreements
2) Power limits
3) Emission Limits
4)Signal Strength limits
5) Incumbent protection

## 

THE END

Disclaimer: This presentation is provided as informal staff information and assistance; it is not legal advice, nor is it a binding opinion of the WTB or FCC.

Any Questions?
Contact: Nancy Zaczek, 202-418-7590, Nancy.Zaczek@fcc.gov
Technical contact: Michael Pollak, 202-418-1682, Michael.Pollak@fcc.gov

- THE END
*Disclaimer: This presentation is provided as informal staff information and assistance; it is not legal advice, nor is it a binding opinion of the WTB or FCC.*
- Any Questions?
- Contact: Nancy Zaczek, 202-418-7590, _[Nancy.Zaczek@fcc.gov](mailto:Nancy.Zaczek@fcc.gov)_
- Technical contact: Michael Pollak, 202-418-1682, Michael.Pollak@fcc.gov

**Service Rules**

**Notes:**
Thanks Marty.
This concludes the presentation on service rules.

Please note that this presentation is provided as informal staff information and assistance; it is not legal advice, nor is it a binding opinion of the WTB or FCC.  

Thank you, and good luck.