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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  04-  1493  Released:  May  26,  2004 
 WIRELESS  TELECOMMUNICATIONS  BUREAU  ANNOUNCES  LICENSING  AND  INTERIM  LINK  REGISTRATION  PROCESS,  INCLUDING  START  DATE  FOR 
 FILING  APPLICATIONS  FOR  NON-  EXCLUSIVE  NATIONWIDE  LICENSES  IN  THE  71-  76  GHz,  81-  86  GHz,  AND  92  95  GHz  BANDS 

 By  this  Public  Notice,  the  Wireless  Telecommunications  Bureau  (  WTB  or  Bureau)  announces  the  details  of  the  licensing  and  link  registration  process  for  the  71-  76,  81-  86,  92-  94.0  and 
 94.1-  95  GHz  bands.  1  The  Bureau  also  announces  June  21,  2004,  as  start  date  for  filing  applications  for  non-  exclusive  nationwide  licenses  and  July  19,  2004,  as  the  start  date  for  licensees  to  register  individual 
 links  under  an  interim  link  registration  process. 
 I.  BACKGROUND 
 On  October  16,  2003,  the  Commission  adopted  a  Report  and  Order  establishing  service  rules  to  promote  non-  Federal  Government  development  and  use  of  the  millimeter  wave  spectrum  in  the  71-  76 

 GHz,  81-  86  GHz  and  92-  95  GHz  bands  2  on  a  shared  basis  with  Federal  Government  operations.  3  These  bands  are  essentially  undeveloped  and  available  for  use  in  a  broad  range  of  new  products  and  services, 
 including  high-  speed,  point-  to-  point  wireless  local  area  networks  and  broadband  Internet  access.  4  Highly  directional,  pencil-  beam  signal  characteristics  permit  systems  in  these  bands  to  be  engineered  in  close 
 proximity  to  one  another  without  causing  interference.  Thus,  the  Commission  adopted  a  flexible  and  innovative  regulatory  framework  for  the  71-  95  GHz  bands  that  would  not  require  traditional  frequency 
 coordination  among  non-  Federal  Government  users.  Under  this  approach,  the  Commission  will  issue  an  unlimited  number  of  non-  exclusive  nationwide  licenses  to  non-  Federal  Government  entities  for  the 

 1  In  a  Report  and  Order  released  November  4,  2003  (adopted  October  16,  2003),  the  Commission  adopted  rules 
 for  both  unlicensed  (Part  15)  and  licensed  (Part  101)  use  of  portions  of  these  bands.  Allocations  and  Service  Rules  for  the  71-  76  GHz,  81-  86  GHz  and  92-  95  GHz  Bands,  WT  Docket  No.  02-  146,  Report  and  Order,  18  FCC 

 Rcd  23318  (2003)  (Report  and  Order)  (recon.  pending).  The  instant  Public  Notice  concerns  licensed  use  of  the  bands,  which  involves  all  of  the  bands  except  for  100  megahertz  of  spectrum  at  94.0-  94.  1  GHz.  For  convenience 
 only,  we  refer  to  the  licensed  spectrum  herein  as  the  bands,  the  Millimeter  Wave  70/  80/  90  GHz  Radio  Service,  or  the  71-  95  GHz  bands;  such  references  do  not  include  94.  0-  94.  1  GHz.  See  note  5,  infra. 

 2  On  February  23,  2004,  The  Wireless  Communications  Association  International,  Inc.  filed  a  petition  for 
 reconsideration  of  certain  aspects  of  the  Report  and  Order.  That  petition  will  be  handled  by  separate  order,  and  the  issuance  of  this  Public  Notice  is  not  intended  to  prejudge  or  resolve  any  of  the  issues  raised  by  the  petitioner. 

 3  In  the  context  of  spectrum  management,  Federal  Government  refers  to  use  by  the  Federal  Government  and 
 non-  Federal  Government  refers  to  use  by  private  entities  and  state  and  local  governments.  See  Report  and  Order,  18  FCC  Rcd  at  23319  n.  3. 
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 12.9  gigahertz  of  spectrum  allocated  for  commercial  use.  5  These  licenses  will  serve  as  a  prerequisite  for  registering  individual  point-  to-  point  links.  The  71-  95  GHz  bands  are  allocated  on  a  shared  basis  with 
 Federal  Government  users.  Therefore,  a  licensee  will  not  be  authorized  to  operate  a  link  under  its  non-exclusive  nationwide  license  until  the  link  is  both  (1)  coordinated  with  the  National  Telecommunications 
 and  Information  Administration  (NTIA)  with  respect  to  Federal  Government  operations  and  (2)  registered  as  an  approved  link  with  the  FCC  (interim  process)  or  third-  party  Database  Manager  (permanent 
 process).  6 
 NTIA  coordination.  NTIA  is  developing  an  automated  coordination  mechanism  that  will  allow  non-  Federal  Government  users  and  independent  database  managers  (Database  Managers)  selected  by  the 

 FCC  7  to  use  an  Internet  site  to  determine  whether  a  given  non-  Federal  Government  link  has  any  potential  conflict  with  Federal  Government  users.  8  However,  until  that  database  is  operational,  NTIA  coordination 
 will  occur  using  the  existing  process:  licensees  will  file  link  registrations  on  the  FCCs  Universal  Licensing  System  (ULS),  which  the  FCC  will  refer  to  NTIAs  Interdepartment  Radio  Advisory 
 Committee  (IRAC)  Frequency  Assignment  Subcommittee.  Once  NTIAs  Web-  based  system  is  operational,  it  is  anticipated  that  Database  Managers  will  supply  the  necessary  information  directly  to 
 NTIA  for  frequency  interference  coordination  with  Federal  Government  entities.  The  automation  is  designed  to  streamline  the  administrative  process  for  non-  Federal  Government  users  in  the  bands.  9 

 Link  registration  through  ULS  and  Database  Managers.  Until  the  Commission  selects  Database  Managers,  licensees  will  register  links  through  ULS.  Thereafter,  licensees  will  register  links  with 
 Database  Managers,  who  will  develop  and  maintain  a  non-  FCC  database  of  link  registrations  to  assist  parties  in  planning  new  links  to  avoid  interference.  10  In  the  event  of  an  interference  dispute,  rights  with 
 regard  to  specific  links  will  be  established  based  on  the  date  and  time  of  link  registration. 
 In  the  Report  and  Order,  the  Commission  explained  that  the  licensing  and  link  registration  process  would  be  detailed  in  subsequent  public  notices.  11  Accordingly,  the  non-  exclusive  nationwide 

 licensing  process,  the  interim  link  registration  process  and  general  provisions  for  the  permanent  link  registration  process  are  set  forth  herein. 

 4  For  a  brief  description  of  important  propagation  characteristics  of  these  frequency  bands  and  their  potential  uses, 
 see  Allocations  and  Service  Rules  for  the  71-  76  GHz,  81-  86  GHz  and  92-  95  GHz  Bands,  WT  Docket  No.  02-  146,  Notice  of  Proposed  Rule  Making,  17  FCC  Rcd  12182,  12185-  87  (2002). 
 5  The  71-  76  GHz,  81-  86  GHz  and  92-  95  GHz  bands  are  allocated  to  both  Federal  Government  and  non-  Federal 
 Government  users  on  a  co-  primary  basis,  except  the  94.  0-  94.  1  GHz  portion,  which  is  allocated  for  exclusive  Federal  Government  use.  See  generally  Report  and  Order,  18  FCC  Rcd  at  23322-  31. 

 6  See,  e.  g.,  47  C.  F.  R.    101.147(  z)  (sites  may  not  operate  until  NTIA  approval  is  received);  101.511 
 (authorization  will  be  granted  upon  proper  application  filing  and  link  coordination  in  accordance  with  the  Commissions  rules);  101.  1523  (sharing  and  coordination  among  non-  Federal  Government  licensees  and  between 

 non-  Federal  Government  licensees  and  Federal  Government  services). 
 7  See  Public  Notice,  DA  04-  672  (WT  Docket  No.  02-  146)  released  March  12,  2004  (Database  Manager  PN). 

 8  See  Notice,  Establishment  of  a  Frequency  Assignment  Coordination  Web  Site,  National  Telecommunications  and 
 Information  Administration,  68  FR  74218  (Dec.  23,  2003).  In  the  interim,  NTIA  has  made  available  a  web  site  which  will  provide  information  regarding  the  status  of  applications  in  the  71-  95  GHz  bands  that  have  been 

 submitted  to  NTIA  for  coordination.  See  http://  ntiacsd.  ntia.  doc.  gov/  webcoord/  status.  cfm. 
 9  See  id.  The  classified  nature  of  some  Federal  Government  operations  precludes  the  use  of  a  public  database 
 containing  both  Federal  Government  and  non-  Federal  Government  links.  See  Report  and  Order,  18  FCC  Rcd  at  23340    48. 

 10  The  Database  Managers  will  assist  in  resolution  of  interference  disputes  using  the  interference  protection  dates 
 of  the  affected  parties.  (See  Database  Manager  PN  for  more  complete  details  of  the  responsibilities  of  the  Database  Managers.)  If  unsatisfied  with  the  outcome  of  that  process,  and  after  30  days  have  passed,  a  licensee 

 may  seek  Commission  assistance  in  resolution  of  the  dispute.  Report  and  Order  at    58. 
 11  Report  and  Order  at    59.  See  also  47  C.  F.  R.    101.  1523(  b). 
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 II.  NON-  EXCLUSIVE  NATIONWIDE  LICENSE 
 A  license  for  the  Millimeter  Wave  70/  80/  90  GHz  Radio  Service  will  consist  of  a  non-  exclusive  nationwide  license,  combined  with  site-  based  links  obtained  through  a  link  registration  process.  All 

 interested  parties  must  have  a  non-  exclusive  nationwide  license  prior  to  registering  a  link  whether  under  the  interim  or  permanent  link  registration  processes  described  herein.  The  non-  exclusive  nationwide 
 license  does  not  authorize  operation  until  a  link  is  both  (1)  coordinated  with  NTIA  and  (2)  registered.  12 
 Application  Filing  Process  for  Non-  Exclusive  Nationwide  License 

 NOTICE:  FILING  AND  REGULATORY  FEES  ARE  DISCUSSED  IN  SECTION  IV. 
 Applicants  for  non-  exclusive  nationwide  licenses  are  encouraged  to  electronically  file  FCC  Form  601  using  the  Universal  Licensing  System  (ULS).  13  Applicants  can  access  the  ULS  web  site  at 

 http://  wireless.  fcc.  gov/  uls.  Applicants  must  have  an  FCC  Registration  Number  (FRN)  in  order  to  file  applications  and  link  registrations  in  ULS.  If  the  applicant  does  not  have  an  existing  FRN,  it  must 
 register  and  obtain  an  FRN  prior  to  filing  the  license  application.  14 
 Applicants  for  non-  exclusive  nationwide  licenses  will  be  required  to  file  FCC  Form  601  Main  Form  and  Schedule  B.  Applicants  should  specify  that  they  are  filing  an  application  in  the  MM  - 

 Millimeter  Wave  70/  80/  90  Radio  Service  and  specify  the  purpose  of  the  application  as  New  (NE).  When  filing  electronically,  the  ULS  will  automatically  load  FCC  Form  601.  15  An  FCC  Form  601  Main  Form  is 
 required  for  all  filings  and  collects  necessary  administrative  data  to  identify  the  filer,  establishes  the  filers  basic  eligibility  and  qualifications,  and  classifies  the  filing.  It  also  contains  the  required  certifications  and 
 signature  block.  An  FCC  Form  601  Schedule  B  must  be  included  with  the  application  for  the  initial  non-exclusive  nationwide  license.  Because  the  non-  exclusive  nationwide  license  serves  as  a  prerequisite  for 
 registering  links,  an  applicant  will  initially  receive  a  single  license  for  all  available  frequency  bands  (71-  76,  81-  86,  92-  94.0,  and  94.  1  -  95  GHz).  16  During  the  electronic  filing  process,  FCC  Form  601  Schedule  B 
 will  be  automatically  pre-  filled  with  the  correct  technical  data,  and  cannot  be  changed;  FCC  Form  601  Schedule  B  is  a  view-  only  screen  for  this  radio  service. 

 Applications  are  assigned  file  numbers  and  all  applications  (and  major  amendments  thereto)  that  are  accepted  for  filing  are  listed  on  the  Bureaus  weekly  public  notice  of  such  applications.  An 
 application  may  be  granted  at  any  time  if  the  Bureau  finds  that  it  meets  all  of  the  Commissions 

 12  See  note  6,  supra  and  accompanying  text. 
 13  Pursuant  to  Section  1.  913(  d)  of  the  Commissions  Rules  certain  categories  of  applicants  are  permitted  to  file  their 
 license  applications  manually.  However,  the  Bureau  urges  all  applicants  to  file  electronically  using  ULS  because  [  l]  icensees  who  continue  to  file  applications  manually  risk  dismissal  of  their  applications  for  routine  errors.  See 

 Wireless  Telecommunications  Bureau  Revises  and  Begins  Phased  Implementation  of  its  Unified  Policy  for  Reviewing  License  Applications  and  Pleadings,  Public  Notice,  14  FCC  Rcd  11182,  11186  (WTB  1999).  The 
 Bureau  has  noted  that  [  m]  any  of  the  filing  errors  routinely  made  by  applicants  involve  missing  signatures,  missing  or  invalid  answers  to  mandatory  questions,  missing  or  incorrect  fees,  and  technical  information 
 inconsistent  with  the  applicants  authorization,  and  that  using  the  ULS  would  nearly  eliminate  the  filing  of  applications  with  these  types  of  errors  because  the  applicant  receives  real-  time  feedback  online  and  is  prompted  to 
 and  must  correct  errors  prior  to  submitting  the  application  electronically.  Id.  at  11185. 
 14  The  FCC  Registration  Number  (FRN)  is  the  10-  digit  number  assigned  to  all  entities  (individual  and  corporate) 
 that  transact  business  with  the  FCC  (including  via  ULS)  and  is  not  to  be  confused  with  the  link  registrations  discussed  in  Section  III  of  the  instant  Public  Notice.  Applicants  can  obtain  an  FCC  Registration  Number  (FRN) 

 using  the  Wireless  Telecommunications  Bureau  web  site  at  http://  wireless.  fcc.  gov/  and  select  CORES/  Call  Sign  Registration  from  the  right  hand  menu  under  the  heading  of  Licensing. 

 15  Applicants  must  consult  and  follow  FCC  Form  601-  Instructions. 
 16  See  47  C.  F.  R.  101.  147(  z)(  1). 
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 requirements  (e.  g.  meets  qualification  requirements,  foreign  ownership  restrictions,  payment  obligations),  except  that  certain  applications  will  not  be  granted  prior  to  the  31st  day  following  the  issuance  of  a  Public 
 Notice  of  the  acceptance  for  filing  of  such  application  (see  below).  17  When  an  application  is  granted,  an  authorization  will  be  issued  to  the  applicant,  and  the  grant  will  be  placed  on  the  Wireless 
 Telecommunications  Bureaus  Weekly  Action  Public  Notice. 
 NOTICE:  APPLICANTS  SEEKING  TO  OPERATE  UNDER  MORE  THAN  ONE  REGULATORY  STATUS  MAY  FILE  ONE  APPLICATION  FOR 

 COMMON  CARRIER  REGULATORY  STATUS  AND  A 
 SECOND  APPLICATION  FOR  NON-  COMMON  CARRIER 
 AND/  OR  PRIVATE,  INTERNAL  REGULATORY  STATUS. 

 Applications  to  provide  non-  common  carrier  service  or  for  private,  internal  communications  (Codes  N  and  P,  respectively  on  FCC  Form  601  Item  35)  may  be  granted  anytime  after  they  are 

 accepted  for  filing.  Applications  that  include  a  request  for  common  carrier  regulatory  status  (Code  C,  FCC  Form  601  Item  35)  will  not  be  granted  prior  to  the  31st  day  following  the  issuance  of  a  Public 
 Notice  of  the  acceptance  for  filing  of  such  application.  18 
 EXAMPLE:  On  June  30,  2004,  the  Bureau  releases  the  weekly  Public  Notice  of  applications  filed  between  June  21-  25,  2004,  that  are  acceptable  for  filing.  The 

 31  st  day  following  this  public  notice  is  Saturday,  July  31,  2004,  making  Monday,  August  2,  2004,  the  first  day  on  which  a  common  carrier  application  can  be 
 granted.  A  license  is  required  to  file  link  registrations.  Given  that  July  19,  2004,  is  the  starting  date  for  filing  link  registrations,  and  that  no  common  carrier 
 licenses  can  be  granted  prior  to  August  2,  2004,  applicants  seeking  to  operate  under  more  than  one  regulatory  status  may  wish  to  file  one  application  for 
 common  carrier  regulatory  status  and  a  second  application  for  non-  common  carrier  and/  or  private,  internal  regulatory  status,  as  applicable.  19 

 Modifications  to  Non-  exclusive  Nationwide  License 
 Modifications  to  the  non-  exclusive  nationwide  license  will  be  limited  to  data  on  the  FCC  Form  601  Main  Form.  Any  such  modifications  should  be  filed  on  FCC  Form  601  and  should  specify  the 

 purpose  of  the  filing  as  modification  (MD).  Modifications  to  FCC  Form  601  Schedule  B  data  will  not  be  permitted.  Modifications  to  the  FCC  Form  601  Main  Form  data  will  not  affect  the  interference 
 protection  date  for  individual  links  registered  under  that  license.  License  modifications  must  be  filed  independent  of  any  filing  involving  registration  of  individual  links. 

 17  See  47  C.  F.  R.    1.945(  b)(  c). 
 18  See  id.  at    1.945(  b);  see  also  47  C.  F.  R.    1.  939(  a)(  2)  (petitions  to  deny  common  carrier  applications  must  be 
 filed  no  later  than  30  days  after  the  date  of  the  Public  Notice  listing  such  applications  as  accepted  for  filing). 
 19  Ordinarily,  in  requesting  authority  to  offer  both  common  carrier  and  non-  common  carrier  service,  an  applicant 
 would  choose  to  file  a  single  FCC  Form  601  and  enter  Codes  C  and  N  on  it  in  response  to  Item  35.  However,  the  entire  application  would  be  processed  under  the  common  carrier  track,  i.  e.,  the  notice  and  30-  day  waiting 

 period  of  Section  1.945(  b),  because  system  limitations  preclude  us  from  processing  the  non-  common  carrier  request  separately  when  filed  on  the  same  form  as  the  common  carrier  request. 
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 Transfer  and  Assignment  of  Non-  exclusive  Nationwide  Licenses 
 Licensees  may  assign  or  transfer  their  non-  exclusive  nationwide  license  using  FCC  Form  603.  Pursuant  to  the  Report  and  Order,  licensees  will  not  be  permitted  to  partition  or  disaggregate  their  non-exclusive 

 nationwide  licenses.  20  Therefore,  licensees  will  only  be  permitted  to  assign  or  transfer  the  entire  geographic  license.  Any  links  registered  under  the  non-  exclusive  nationwide  license  will  remain 
 associated  with  the  license  during  a  full  assignment  or  transfer.  However,  at  a  date  to  be  announced  in  the  future  by  Public  Notice,  we  will,  pursuant  to  our  delegated  authority,  see  note  11,  supra,  permit  licensees 
 to  assign  individual  links  from  one  non-  exclusive  nationwide  license  to  another.  21 
 Applications  May  be  Filed  Beginning  June  21,  2004 
 Parties  may  file  applications  for  non-  exclusive  nationwide  licenses  starting  on  June  21,  2004.  Applications  filed  before  June  21,  2004,  will  be  dismissed. 

 III.  INDIVIDUAL  LINK  REGISTRATION  AND  COORDINATION 
 A.  Introduction 
 As  noted  above,  the  non-  exclusive  nationwide  license  is  a  required  prerequisite  for  registering  individual  links.  Therefore,  individual  links  cannot  be  registered  until  a  geographical  (nationwide) 

 license  is  obtained  (see  above). 
 In  Appendix  C  of  the  Report  and  Order,  the  Commission  specified  certain  technical  parameters  that  would  be  required  for  link  registration.  The  Report  and  Order  also  stated  that  the  Commission  would 

 provide  details  regarding  the  licensing  requirements  and  coordination  with  NTIA  in  a  future  Public  Notice.  22  Ongoing  coordination  with  NTIA  in  developing  the  Federal  Government/  non-  Federal 
 Government  coordination  process  has  resulted  in  refinements  to  the  required  link  data.  Certain  refinements  will  facilitate  efficient  coordination  using  NTIAs  automated  system.  Specifically,  it  was 
 determined  that  EIRP(  dBm),  Receiver  Latitude  (ddmmss.  s),  Receiver  Longitude  (dddmmss.  s),  Receiver  Noise  Figure  (dB),  and  Polarization  are  needed.  Other  data  elements  were  determined  to  be  redundant 
 and  therefore  will  not  be  required,  namely  Bandwidth,  23  Path  Distance,  and  Data  Type.  24  Finally,  Path  Status,  Proposed  Date,  and  Inception  Date  will  not  be  required  because  the  filing  date  and  IRAC 
 coordination  dates  will  automatically  be  recorded  in  ULS. 
 The  process  for  link  registration  and  coordination  with  NTIA  prior  to  the  implementation  of  NTIAs  automated  system  and  the  appointment  of  third  party  database  managers  is  referred  to  in  this  Pubic  Notice 

 as  the  interim  link  registration  process.  The  process  for  link  registration  and  coordination  with  NTIA  subsequent  to  the  implementation  of  NTIAs  automated  system  is  referred  to  in  this  Public  Notice  as  the 
 permanent  link  registration  process. 

 20  Report  and  Order  at    87. 
 21  See  discussion  of  transfer  and  assignment  of  registered  links  at  9,  infra. 
 22  Report  and  Order  at    59. 
 23  Transmitter  Emission  Bandwidth  will  be  collected  as  part  of  the  Transmitter  Emission  Designator. 
 24  Data  Type  will  be  collected  as  part  of  the  Transmitter  Emission  Designator  consistent  with  the  ITU  format  for 
 emission  designators.  See  also  Section  2.201  of  the  Commissions  Rules. 
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