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 Federal  Communications  Commission  FCC  00-  415 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Amendment  to  Part  27  of  the  Commissions  Rules  to  Revise  Rules  for  Services  in 
 the  2.3  GHz  Band  and  to  Include  Licensing  of  Services  in  the  47  GHz  Band 

 )  ) 
 )  ) 
 )  )  WT  Docket  No.  98-  136 

 ORDER 
 Adopted:  November  28,  2000  Released:  December  8,  2000 

 By  the  Commission: 
 I.  INTRODUCTION 
 1.  In  this  Order,  we  terminate  a  rulemaking  proceeding  commenced  in  July  1998  concerning  licensing  and  service  rules  for  the  47.2-  48.2  GHz  (47  GHz)  band.  1  As  fully  discussed  below,  we  find  that 

 the  record  in  this  proceeding  provides  an  insufficient  basis  upon  which  to  establish  service  rules  for  the  spectrum.  Rather  than  establishing  service  rules  that  may  not  be  suitable  for  future  licensees  of  this 
 spectrum,  we  conclude  that  the  best  course  is  to  direct  Commission  staff  to  further  investigate  potential  uses  of  the  47  GHz  band. 

 II.  BACKGROUND 
 2.  The  47  GHz  Notice  of  Proposed  Rulemaking  grew  out  of  the  Millimeter  Wave  proceeding  that  originally  proposed  to  make  available  a  total  of  18  gigahertz  of  spectrum  in  the  frequency 

 range  between  40.5  GHz  and  153  GHz,  on  a  shared  basis  with  Government  users,  for  the  commercial  development  of  short-  range  wireless  radio  systems.  2  On  March  20,  1996,  Sky  Station  International,  Inc. 

 1  Amendment  to  Parts  2,  15,  and  97  of  the  Commission's  Rules  to  Permit  Use  of  Radio  Frequencies  Above  40 
 GHz  for  New  Radio  Applications,  ET  Docket  No.  94-  124,  RM-  8308,  International  Harmonization  of  Frequency  Bands  Above  40  GHz,  Petition  of  Sky  Station  International,  Inc.  for  Amendment  of  the  Commission's  Rules  to 

 Establish  Requirements  for  a  Global  Stratospheric  Telecommunications  Service  in  the  47.2-  47.5  GHz  and  47.9-  48.2  GHz  Frequency  Bands,  RM-  8784,  Amendment  to  Part  27  of  the  Commission's  Rules  to  Revise  Rules  for 
 Services  in  the  2.3  GHz  Band  and  to  Include  Licensing  of  Services  in  the  47  GHz  Band,  WT  Docket  No.  98-  136,  Memorandum  Opinion  and  Order  on  Reconsideration  and  Notice  of  Proposed  Rulemaking,  13  FCC  Rcd  16947 
 (1998)  (47  GHz  Notice). 
 2  Amendment  of  Parts  2  and  15  of  the  Commissions  Rules  to  Permit  Use  of  Radio  Frequencies  Above  40  GHz  for 
 New  Radio  Applications,  ET  Docket  No.  94-  124,  RM-  8308,  Notice  of  Proposed  Rulemaking,  9  FCC  Rcd  7078  (1994).  The  term  millimeter  wave  spectrum  is  taken  from  the  fact  that  the  wavelength  of  radio  signals  on 

 (continued.) 
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 (Sky  Station)  filed  a  Petition  for  Rulemaking  requesting  that  the  Commission  authorize  use  of  the  47  GHz  band  for  a  new  commercial,  licensed  service  described  as  the  Global  Stratospheric  Telecommunications 
 Service  and  that  the  Commission  adopt  services  rules  either  in  the  Millimeter  Wave  proceeding  or  in  a  separate  rulemaking  to  implement  the  service.  Concurrently  with  filing  its  Petition  for  Rulemaking,  Sky 
 Station  filed  an  application  for  authorization  to  construct  and  operate  its  proposed  service  to  provide  a  global  network  of  wireless  communications  services,  subject  to  amendment  pending  the  outcome  of  its 
 Petition. 
 3.  On  July  21,  1997,  partially  in  response  to  Sky  Stations  Petition,  the  Commission  allocated  the  47  GHz  band  for  commercial  use  and  divided  the  band  into  five  pairs  of  100  megahertz 

 channels,  separated  by  500  megahertz.  3  For  reasons  of  administrative  efficiency,  the  Commission  subsequently  separated  the  47  GHz  proceeding  from  the  rest  of  the  Millimeter  Wave  proceeding  and 
 issued  a  new  Notice  of  Proposed  Rulemaking  for  the  47  GHz  band  (i.  e.,  the  47  GHz  Notice).  4  In  the  47  GHz  Notice,  the  Commission  observed  that  using  the  newly  adopted  Part  27  service  rules  for  the  47  GHz 
 band  could  provide  for  greater  flexibility  in  the  types  of  services  that  could  be  provided  and  in  the  technical  and  operational  rules  that  govern  those  services.  5  Accordingly,  in  the  47  GHz  Notice,  the 
 Commission  proposed  to  modify  Part  27  of  the  Commission's  rules  to  include  the  entire  range  of  services  that  may  be  provided  at  47  GHz  under  the  United  States  Table  of  Frequency  Allocations.  In  addition,  in  a 
 few  instances,  the  Commission  proposed  that  modifications  to  the  Part  27  rules  be  made  applicable  to  the  2.3  GHz  band. 

 4.  The  record  in  the  47  GHz  proceeding  closed  on  October  13,  1998.  Thirteen  comments  and  four  reply  comments  were  filed  in  the  proceeding.  The  comments,  for  the  most  part,  are  brief, 
 addressing  few  of  the  technical  issues  raised  in  the  47  GHz  Notice.  Three  parties  filed  comments  generally  supporting  the  use  of  the  47  GHz  band  for  stratospheric  platforms,  6  and  two  satellite  operators 
 and  a  satellite  trade  association  filed  comments  raising  concerns  about  the  use  of  the  band  for  this  type  of  technology.  7  Comments  filed  by  other  parties  were  confined  to  single  issues.  8 

 (Continued  from  previous  page)  frequencies  between  30  GHz  and  300  GHz  ranges  between  10  and  1millimeters,  respectively.  Id.  at  7078  (para.  1 
 n.  1). 
 3  Amendment  of  Parts  2  and  15  of  the  Commission's  Rules  to  Permit  Use  of  Radio  Frequencies  Above  40  GHz  for 
 New  Radio  Applications,  ET  Docket  No.  94-  124,  RM-  8308,  Second  Report  and  Order,  12  FCC  Rcd  10571,  10600  (para.  82)  (1997). 

 4  See  n.  1,  supra. 
 5  47  GHz  Notice,  13  FCC  Rcd  at  16969-  70  (paras.  54-  55). 
 6  Comments  of  Angel  Technologies  Corporation;  Comments  of  Sky  Station  International,  Inc.;  Comments  of 
 Wireless  Power  &  Light  Corporation. 
 7  Comments  of  Hughes  Communications,  Inc.;  Comments  of  Lockheed  Martin  Corporation;  Comments  of  the 
 Satellite  Industry  Association. 
 8  Joint  Comments  of  Coloma  Wireless,  L.  L.  C.  and  Triad  Cellular  Corporation  (2.3  GHz  operators  supporting 
 amendment  of  the  2.3  GHz  Part  27  rules  and  supporting  the  use  of  the  2.3  GHz  band  for  Satellite  Digital  Audio  Radio  Service);  Comments  of  Little  Shell  Pembina  Chippewa  Band  (supporting  service  to  rural  areas);  Comments 

 of  the  National  Academy  of  Sciences  Committee  on  Radio  Frequencies  and  Comments  of  the  National  Radio  Astronomy  Observatory  (protection  of  radio  astronomy  service  in  adjacent  bands);  Comments  of  Petroleum 
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 III.  DISCUSSION 
 5.  We  conclude  that  the  record  in  this  proceeding  is  not  sufficiently  developed  to  permit  us  to  issue  meaningful  final  service  and  licensing  rules,  and  therefore  terminate  this  proceeding.  Few  parties 

 submitted  comments  in  response  to  the  47  GHz  Notice.  Of  those  comments  that  the  Commission  received,  the  majority  were  brief  and  addressed  few  of  the  issues  on  which  we  sought  comment.  Most 
 commenters  did  not  address  the  relevant  technical  issues. 
 6.  Even  where  there  was  a  limited  development  of  the  record,  the  record  is  mixed  with  respect  to  interference  issues.  9  The  record  lacks  necessary  information  on  how  to  protect  against 

 interference  between  terrestrial  users  and  satellite  users  that  are  adjacent  geographical  area  licensees.  This  problem  is  exacerbated  by  the  fact  that  one  of  the  principal  technologies  contemplated  for  this  band 
 is  the  novel  stratospheric-  based  platform  technology.  That  technologys  principal  proponent,  Sky  Station,  has  recently  indicated  that  its  ongoing  system  redesign  necessitates  different  requirements  than  had 
 previously  been  identified  in  this  docket.  10  Without  this  technical  information,  we  are  unable  to  establish  workable  interference  rules. 

 7.  We  note  that  the  actions  of  the  two  parties  most  interested  in  this  spectrum  when  we  began  this  proceeding  suggest  its  termination  is  appropriate.  Recently,  Sky  Station  filed  a  letter  with  the 
 Commission  requesting  that  the  Commission  terminate,  without  prejudice,  the  47  GHz  proceeding  in  light  of  its  ongoing  system  redesign  as  mentioned  above.  11  Sky  Station  indicates  that  it  intends  to  make 
 appropriate  filings  upon  the  completion  of  its  system  redesign,  but  that  in  the  meantime  it  is  clear  that  this  particular  proceeding  should  no  longer  remain  pending.  We  also  note  that  the  other  party  that  expressed 
 significant  interest  in  the  47  GHz  band  has  indicated  a  desire  to  use  the  same  stratospheric-  based  platform  technology  that  it  proposed  here  at  28  GHz  under  the  Commissions  Local  Multipoint  Distribution 
 Service  rules.  12  Likewise,  since  Sky  Station  filed  its  Petition  for  Rulemaking  other  frequency  bands  have 

 (Continued  from  previous  page)  Communications,  Inc.  (designation  of  the  Gulf  of  Mexico  as  a  Regional  Economic  Area  Grouping);  Comments  of 
 Rand  McNally  &  Company  (use  of  Major  Trading  Area  and  Basic  Trading  Area  listings);  Comments  of  Winstar  Communications,  Inc.  (39  GHz  operator  addressing  spectrum  aggregation  limits). 

 9  For  instance,  Hughes  Communications,  Inc.  states  that  there  will  be  an  interference  problem  between  co-frequency 
 and  geographically  adjacent  licensees  and  that  Sky  Stations  proposal  to  use  a  general  coordination  approach  for  all  transmitters  within  200  km  on  either  side  of  a  service  area  boundary  is  unworkable  given  the 

 nature  of  many  of  the  satellite  systems,  as  well  as  the  stratospheric-  based  platform  system,  proposed  for  the  band.  See  Reply  Comments  of  Hughes  Communications,  Inc.  at  2-  3. 

 10  More  specifically,  Sky  Station  states  that  it  has  been  pursuing  the  development  and  redesign  of  its  system  in 
 response  to  the  rapid  introduction  of  new  broadband  telecommunications  technologies  and  evolving  market  requirements  and  that  these  changes  necessitate  somewhat  different  requirements  than  it  had  previously  identified 

 in  the  record.  See  Letter  to  Magalie  Roman  Salas,  Secretary,  Federal  Communications  Commission,  from  Alexander  P.  Haig,  Chairman  and  Chief  Executive  Officer,  Sky  Station  International,  Inc.,  WT  Docket  No.  98- 
 136,  Nov.  22,  2000. 
 11  Id. 

 12  See  Letter  to  DWana  Terry,  Esquire,  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless 
 Telecommunications  Bureau,  Federal  Communications  Commission,  from  Robert  L.  Pettit,  Counsel  to  Raytheon  Systems  Company,  Dec.  22,  1999. 
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 been  recognized  on  an  international  basis  for  use  of  stratospheric-  based  platforms.  13  Given  these  recent  developments,  it  is  unclear  at  this  time  that  there  is  sufficient  interest  in  the  47  GHz  band  to  proceed  with 
 promulgating  service,  licensing,  and  operating  rules  based  on  the  current  record. 
 8.  Based  on  this  record,  we  conclude  that  we  should  not  adopt  final  rules  at  this  time.  Instead,  as  a  matter  of  efficient  spectrum  management,  we  believe  staff  should  continue  to  explore  the 

 best  use  for  this  spectrum.  We  believe  that  the  47  GHz  band  could  hold  considerable  promise  for  the  development  of  new  and  innovative  technologies  and  services,  such  as  those  associated  with 
 stratospheric-  based  platforms.  We  wish  to  promulgate  services  rules  that  allow  for  this  potential.  Given  the  dynamic  nature  of  the  wireless  industry  and  the  evolution  of  wireless  technology,  however,  we  have 
 determined  after  careful  review  of  the  record  that  the  best  course  of  action  is  to  terminate  this  proceeding.  We  note,  though,  that  this  decision  to  terminate  the  47  GHz  proceeding  should  not  have  an  immediate 
 adverse  impact  on  the  use  of  the  47  GHz  band  by  stratospheric-  based  platforms  because  currently,  other  than  Broadcasting-  Satellite  Service  (  BSS)  feeder  links,  no  fixed-  satellite  applications  are  being 
 accepted  for  this  band.  14  We  direct  Commission  staff  to  further  explore  with  any  interested  parties  possible  uses  of  the  47  GHz  spectrum,  including  use  by  stratospheric-  based  platforms  and  other 
 technologies,  so  that  meaningful  rules  can  be  proposed  and  finalized.  15 
 IV.  ORDERING  CLAUSE 
 9.  Accordingly,  pursuant  to  Sections  1,  4(  i)  and  332  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    151,  154(  i)  and  332,  IT  IS  ORDERED  that  this  proceeding  IS  TERMINATED. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 Magalie  Roman  Salas  Secretary 

 13  See  Footnote  S5.  BBB  to  the  International  Table  of  Frequency  Allocations;  Resolution  [COM5/  13]  (WRC-2000). 
 14  See  Resolution  122  (WRC-  2000)  (continuing  limitation  on  acceptance  of  applications  to  stratospheric  platform 
 uses  and  BSS  feeder  links). 
 15  In  a  few  instances,  the  47  GHz  Notice  proposed  codifying  and  conforming  certain  rules  for  the  2.3  GHz  band. 
 We  have  recently  transferred  the  record  on  that  issue  to  another  proceeding  and  we  will  address  those  issues  in  that  proceeding.  See  The  4.9  GHz  Band  Transferred  from  Federal  Government  Use,  WT  Docket  No.  00-  32, 

 Notice  of  Proposed  Rulemaking,  15  FCC  Rcd  4778  (2000). 
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