[Federal Register Volume 69, Number 207 (Wednesday, October 27, 2004)]
[Rules and Regulations]
[Pages 62615-62622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23835]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15, 74, 78, and 101

[ET Docket Nos. 00-258, 95-18; FCC 04-219]


Advanced Wireless Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission found that the bands 1915-
1920 MHz paired with 1995-2000 MHz and 2020-2025 MHz paired with 2175-
2180 MHz were well suited to provide additional spectrum for AWS use 
and designated these paired bands for such use. The Commission also 
modified the rules pertaining to unlicensed PCS service in the 1920-
1930 MHz band in order to provide additional flexibility to users of 
the band to offer both voice and data services using a variety of 
technologies. The Third Memorandum Opinion and Order denies petitions 
for rulemaking related to the reallocation to AWS in previous 
rulemakings and the Fifth Memorandum Opinion and Order clarifies rules 
governing relocation of FS licensees.

DATES: Effective November 26, 2004.

FOR FURTHER INFORMATION CONTACT: Shameeka Hunt or Priya Shrinivasan, 
Office of Engineering and Technology, (202) 418-2472.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Sixth 
Report and Order, Third Memorandum Opinion and Order, and Fifth 
Memorandum Opinion and Order, ET Docket Nos. 00-258 and 95-18, FCC 04-
219, adopted September 9, 2004, and released September 22, 2004. The 
full text of this Commission decision is available on the Commission's 
Internet site at http://www.fcc.gov. It is available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center, Room CY-A257, 445 12th Street, SW., Washington, DC 20554. The 
complete text of this document also may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., Room CY-
B402, 445 12th Street, SW., Washington, DC 20554. Alternate formats are 
available to persons with disabilities by contacting Brian Millin at 
(202) 418-7426 or TTY (202) 418-7365.

Summary of the Report and Order

    1. In the Sixth Report and Order (Sixth R&O and Third MO&O) in ET 
Docket No. 00-258, the Commission continues its ongoing efforts to 
promote spectrum utilization and efficiency by evaluating spectrum that 
may be suitable for the provision of new services, including Advanced 
Wireless Services (AWS). In the Sixth R&O, we find that the bands 1915-
1920 MHz paired with 1995-2000 MHz and 2020-2025 MHz paired with 2175-
2180 MHz--which were all previously reallocated for Fixed and Mobile 
services--are well suited to provide additional spectrum for AWS use 
and we designate these paired bands for such use. This action will 
provide an additional twenty megahertz of spectrum for the introduction 
of new services and technology. We also modified the rules pertaining 
to unlicensed PCS services in the 1920-1930 MHz band in order to 
provide additional flexibility to users of the band to offer both voice 
and data services using a variety of technologies.
    2. The Sixth R&O identifies two five + five megahertz spectrum 
blocks that are especially well suited for AWS use, and find that such 
a designation will maximize the potential use of the spectrum and 
promote the deployment of high value service offerings. Specifically, 
we redesignate the 1915-1920 MHz and 1995-2000 MHz, as well as the 
2020-2025 MHz and 2175-2180 MHz spectrum blocks as paired bands 
suitable for the introduction of new technologies.

A. 1915-1920 MHz and 1995-2000 MHz Bands

    3. The Commission concludes that AWS operations in the 1915-1920 
MHz band are technically feasible with a ten megahertz frequency 
separation between Broadband PCS mobile and base operations. We 
recognize, that additional technical constraints may need to be placed 
on AWS to avoid impairing incumbent PCS operations. Although we 
conclude here that this band will be designated for AWS, one goal of 
the AWS 2 GHZ Service Rules NPRM is to adopt technical rules that will 
protect existing PCS operations from interference.
    4. The Commission also concluded that AWS operations can be 
deployed in the 1995-2000 MHz band. Several parties contend that 
technical constraints will need to be placed on new AWS operations in 
the 1995-2000 MHz band in order to avoid interference to adjacent MSS 
operations in the 2020-2025 MHz band. However, we note that prior to 
the reallocation of MSS spectrum in the 1990-2000 MHz band to fixed and 
mobile services, existing Broadband PCS was immediately adjacent to the 
MSS. Thus, by redesignating the 1995-2000 MHz band

[[Page 62616]]

for AWS, fixed and mobile services will remain adjacent to MSS. Because 
we previously determined that PCS can exist adjacent to MSS, we 
likewise find that the 1995-2000 MHz band is suitable for an AWS 
designation. As with the 1915-1920 MHz band, we will consider specific 
technical requirements that are necessary for new AWS entrants as part 
of the AWS 2 GHZ Service Rules NPRM.

Redesignation

    5. Based on the Commission's determination that additional spectrum 
is needed for AWS use, and because of the characteristics of the 1915-
1920 MHz band that make it well suited for such use, we conclude that 
such a designation will promote efficient use of the spectrum, allow 
for the rapid introduction of high-value services, and is otherwise 
preferable to the other option that has been put forth--introduction of 
isochronous UPCS rules into the band. Based on the discussions, the 
Commission found that it is technically feasible to introduce AWS in 
the band without impairing incumbent PCS with a separation distance 
between the Broadband PCS mobile and base transmit bands of ten 
megahertz, and we intend to develop technical rules to ensure that AWS 
in this band will not interfere with existing PCS operations. Further, 
the Commission concludes that, given the opportunity, licensees and 
manufacturers will develop equipment and business plans that put this 
spectrum to use that will benefit the public. For these reasons, and 
given the lack of unlicensed use of the 1915-1920 MHz band under the 
existing rules, the Commission finds that the public interest is best 
served by redesignating five megahertz of spectrum in the 1915-1920 MHz 
band for AWS on a primary basis to support the types of high powered 
mobile applications associated with AWS and Broadband PCS expansion and 
pairing it with the five megahertz of spectrum at 1995-2000 MHz that we 
previously designated for AWS. Accordingly, we modify the Table of 
Allocations to reflect the applicable rule parts for these services, 
and update Part 15 rules to remove the 1915-1920 MHz band from 
asynchronous UPCS use. Because their pleadings are inconsistent with 
the AWS designation for the 1915-1920 MHz band we adopted, we deny the 
waiver petitions from Lucent, Ascom, Alaska Power, RBM, and UTStarcom & 
Drew University. We likewise deny the petitions for rulemaking from 
WINForum and UTStarcom.

B. 2020-2025 MHz and 2175-2180 MHz Bands

    6. The Commission recognizes that many of the comments have been 
outdated by more recent developments in this proceeding. For example, 
some of the bands identified by commenters are no longer available to 
be paired. We also reject those comments that would have us make the 
2020-2025 MHz band available for Federal Government operations because 
we have already proposed relocation procedures that would not require 
Federal Government relocation into the band. Moreover, such a 
designation would limit use of this spectrum by the public and would 
require us to re-evaluate our BAS relocation procedures to accommodate 
the entry of Federal Government users in the band. We also disagree 
with those commenters that support relocating displaced UPCS to the 
2020-2025 MHz band, given our previous analysis of asynchronous UPCS 
operations, the conclusion that there are no current operations to be 
displaced, and our findings that additional AWS spectrum will promote 
new technologies and services, make efficient use of the spectrum, and 
use the spectrum to its highest potential.
    7. As part of our decision to redesignate the 2020-2025 MHz and 
2155-2180 MHz bands in the AWS Third R&O, we also proposed options for 
pairing the 2020-2025 MHz band with spectrum in the 2155-2180 MHz band 
for new Fixed and Mobile services, including AWS. Because these bands 
have been redesignated for AWS, we find the 2020-2025 MHz band suitable 
for pairing with the 2175-2180 MHz band. We also note that AWS entrants 
may also benefit from the introduction of terrestrial services in the 
adjacent MSS band under MSS/ATC authority. Pairing 2020-2025 MHz with 
2175-2180 MHz could benefit from the design of equipment in the 
adjacent MSS spectrum--in particular, equipment deployed to provide 
MSS/ATC service--which in turn could allow for potential economies of 
scale and generally promote the more rapid deployment of new service 
offerings.

C. Relocation and Reimbursement

Relocation and Reimbursement in the 1915-1920 MHz Band

    8. In conjunction with our redesignation of the 1915-1920 MHz band 
for AWS, the Commission finds that UTAM must be fully and fairly 
reimbursed for relocating incumbent microwave users in this band. We 
agree with commenters that UTAM should be made whole for the 
investments it has made in clearing the UPCS bands. Accordingly, UTAM 
is entitled to reimbursement of twenty-five percent--on a pro-rata 
basis--of the total costs it has incurred, including its future payment 
obligations for links it has relocated, as of the date that a new 
entrant gains access to the 1915-1920 MHz spectrum band. A new AWS 
licensee in the 1915-1920 MHz band must pay this amount before it 
begins operations in the band, and under any specific terms or 
conditions that we adopt in the AWS 2 GHz Service Rules NPRM.
    9. The Commission's decision to require new entrants in the 1915-
1920 MHz band to reimburse UTAM a pro rata share of costs, in addition 
to being consistent with the comments supporting a reimbursement 
mechanism for UTAM, offers a fair and easy procedure to implement. 
Because UTAM has already cleared most of the incumbent microwave links 
deployed across the entire 1910-1930 MHz band, this reimbursement plan 
represents the most reasonable and easiest approach to address the 
relocation costs that UTAM has already incurred. We believe that such a 
course is superior to the difficult and complex prospect of making 
retroactive calculations for apportionment and represents an equitable 
and administratively efficient means of compensating UTAM.

Relocation and Reimbursement in the 1995-2000 MHz and 2020-2025 MHz 
Bands

    10. We first conclude that AWS licensees that do not begin 
operations in the 1990-2025 MHz band until after this spectrum has been 
cleared will not have to participate in the relocation process of 
incumbent BAS licensees. These AWS licensees will receive unencumbered 
spectrum, the value of which will be reflected in the auction price. 
Further, these late-entering AWS licensees will not have any 
reimbursement obligation to Nextel, if Nextel has received credit for 
BAS relocation costs in the 800 MHz true-up. These AWS licensees may, 
under certain circumstances, have reimbursement obligations to MSS 
entrants, otherwise, these AWS licensees would not have a reimbursement 
obligation to MSS entrants.
    11. The Commission will require an AWS licensee that enters the 
band prior to the milestones established for Nextel and MSS licensees 
to participate in the BAS relocation process. AWS licensees shall 
generally follow a relocation plan modeled on the policies set forth in 
our earlier Emerging Technologies

[[Page 62617]]

proceeding and, in particular, follow the requirement that new entrants 
provide comparable facilities to incumbents that are relocated. 
Accordingly, AWS licensees must provide comparable facilities to BAS 
incumbents that are relocated. Further, AWS licensees, Nextel and MSS 
licensees, each of which individually is authorized to operate on a 
fraction of the band, will mutually benefit from the clearance of all 
BAS licensees in the band. An AWS licensee will be responsible, similar 
to other new entrants, to relocate all BAS operations from 1990-2025 
MHz, even if it ultimately does not build its own facilities in some 
geographic areas. As we determined in the MSS Third R&O and affirmed in 
the 800 MHz R&O, a one-phase relocation plan avoids the possibility of 
BAS operations on three different band plans, and eliminates the 
potential disruption and down time to BAS associated with being 
relocated under two different phases in a short period of time. We also 
note that our decision to accommodate AWS entrants into the band does 
not alter our need to minimize the disruption to incumbent BAS 
operations during the transition. Therefore, we believe that, in the 
event BAS relocation has not been completed, including AWS licensees as 
participants in the relocation of all BAS operations from the 1990-2025 
MHz band strikes an appropriate balance that is not unduly burdensome 
on AWS entrants, while also fair to the BAS incumbents and the other 
entrants in the band.
    12. All entrants must clear the entire 1990-2025 MHz band (a total 
of thirty-five megahertz of spectrum) while only operating in 1990-1995 
MHz (a total of five megahertz of spectrum for Nextel), in 2000-2020 
MHz (a total of twenty megahertz of spectrum for MSS), and in 1995-2000 
MHz and 2020-2025 MHz (a total of ten megahertz of spectrum for AWS). 
Therefore, the pro rata share for AWS licensees, collectively, 
represents the costs to relocate two-sevenths of the spectrum (one-
seventh for each five megahertz block).

Relocation in the 2175-2180 MHz Band

    13. Given the Commission's decision in the AWS Second R&O to apply 
the modified procedures to AWS licensee relocation of FS in the 2110-
2150 MHz band, we conclude that it is appropriate to apply the same 
procedures to the relocation of FS by AWS licensees in the 2175-2180 
MHz band. Specifically, Sec. Sec.  101.69 through 101.82 of the rules 
set forth the provisions governing the transition from FS to ET 
services, including both the more generic ET relocation procedures for 
PCS and AWS and the MSS modifications. For example, these rules set 
forth, among other matters, provisions regarding voluntary and 
mandatory periods, sunset provisions, involuntary relocation 
procedures, and the allocation of reimbursement expenses by 
subsequently entering ET licensees. By making the modified MSS 
provisions applicable in the 2175-2180 MHz band, new AWS entrants will 
be governed by the same relocation rules that apply to AWS entrants in 
the other bands subject to part 101 relocation. In short, we believe 
that relocation procedures for AWS in the 2175-2180 MHz band that are 
consistent with the relocation procedures discussed in this and related 
proceedings will foster a more efficient roll-out of AWS, will minimize 
confusion among the parties, and will thereby serve the public 
interest.

D. Additional Flexibility in the 1920-1930 MHz Band

    14. We are modifying the rules for UPCS in the 1920-1930 MHz band 
to provide additional flexibility for the use of other types of voice 
based systems. Specifically, we will remove the requirement to use 
specified channels, allow devices to transmit with a maximum bandwidth 
of 2.5 megahertz, and we will delete the packing rule. In addition, we 
will allow asynchronous operation in this band. We believe that these 
changes will promote the introduction of spectrally efficient equipment 
that will be widely supported by the public.

Summary of the Third Memorandum Opinion and Order

    15. In the Third Memorandum Opinion and Order in ET Docket No. 00-
258, the Commission denies a petition for reconsideration jointly filed 
by XM and Sirius that claims that the Commission failed to consider 
their comments regarding use of the 2360-2395 MHz band as replacement 
spectrum for users relocated from the 1710-1755 MHz and 2110-2155 MHz 
bands, and the effect that such use would have on adjacent satellite 
systems.
    16. Also, the Commission denies petitions for reconsideration filed 
by Sprint and WCA that sought comparable replacement spectrum and full 
compensation for relocation costs for displaced Multipoint Distribution 
Service (MDS) licensees in the 2150-2162 MHz band.
    17. Additionally, the Commission dismisses a petition for 
reconsideration filed by PCIA that sought modification of Sec.  101.99 
of the rules to establish a clearinghouse to oversee cost-sharing 
procedures associated with incumbent relocation in the 2110-2150 MHz 
band.
    18. Finally, the Commission denies petitions for reconsideration 
filed by Celsat, CTIA, ICO, SIA, and TMI and TerreStar that oppose the 
decision to reallocate portions of the 2 GHz MSS spectrum.

Summary of the Fifth Memorandum Opinion and Order

    19. In the Fifth Memorandum Opinion and Order in ET Docket No. 95-
18, the Commission grants in part, by clarifying certain rules, and 
otherwise denies a petition for clarification and reconsideration 
jointly filed by the American Petroleum Institute and the United 
Telecom Council concerning the negotiation and relocation procedures 
for incumbent Fixed service licensees in the 2110-2150 MHz and 2180-
2200 MHz bands.

Final Regulatory Flexibility Analysis

    20. As required by the Regulatory Flexibility Act (RFA) \1\ an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Third Notice of Proposed Rulemaking (Third NPRM).\2\ The Commission 
sought written public comments on the proposals in the Third NPRM, 
including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.\3\
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    \1\ See 5 U.S.C. 603. The RFA (codified at 5 U.S.C. 601-612) has 
been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Public Law 104-121, title II, 110 Stat. 857 
(1996).
    \2\ Amendment of Part 2 of the Commission's Rules to Allocate 
Spectrum Below 3 GHz for Mobile and Fixed Services to Support the 
Introduction of New Advanced Wireless Services, including Third 
Generation Wireless Systems, ET Docket No. 00-258, IB Docket No. 99-
81, Third Report and Order, Third Notice of Proposed Rulemaking and 
Second Memorandum Opinion and Order, 18 FCC Rcd 2223 (2003).
    \3\ See 5 U.S.C. 604.
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Need for, and Objectives of, the Sixth Report and Order

    21. The Sixth Report and Order (Sixth R&O) continues our efforts to 
allocate spectrum that can be used for the provision of advanced 
wireless services (AWS) to the public, which in turn supports our 
obligations under section 706 of the 1996 Telecommunications Act \4\ 
and, more generally, serves the public interest by promoting rapid and 
efficient radio communications facilities.
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    \4\ Section 706 of the Communications Act of 1934, as amended, 
codified at 47 U.S.C. 157.
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    22. The Sixth R&O discusses the need for spectrum allocations to 
allow for the provision of AWS. Specifically, it:
    <bullet> Refutes argument that Broadband PCS mobile and base 
transmit bands

[[Page 62618]]

must have separation of fifteen megahertz, and found that a ten 
megahertz separation is suitable without causing interference between 
services in these bands.
    <bullet> Redesignated the 1915-1920 MHz and 2020-2025 MHz bands for 
AWS use.
    <bullet> Redesignated the 2020-2025 MHz and 2175-2180 MHz bands for 
AWS use.
    <bullet> Paired the 1915-1920 and 1995-2000 MHz bands and 2020-2025 
and 2175-2180 MHz bands for the provision of AWS use.
    <bullet> Adopts the UTAM reimbursement plan for the 1915-1920 
MH<INF>z</INF> band, allowing relocation efforts of microwave links to 
continue in the 1910-1930 MH<INF>z</INF> band without disruption, while 
making the band available for other spectrum efficient services.
    <bullet> Denies all petitions for rulemaking and petitions for 
waivers filed in this proceeding regarding the 1910-1920 MH<INF>z</INF> 
band.
    <bullet> Provided additional flexibility for UPCS operations in the 
1920-1930 MH<INF>z</INF> band.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    23. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

Description and Estimate of the Number of Small Entities to Which the 
Rules Will Apply

    24. 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 rules adopted herein.\5\ The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business '' ``small organization,'' and ``small governmental 
jurisdiction.'' \6\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\7\ Nationwide, there are a total of 22.4 million small 
businesses, according to SBA data.\8\ 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).\9\ A small 
organization is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
\10\ Nationwide, there are approximately 1.6 million small 
organizations.\11\ 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.'' \12\ As of 1997, there were approximately 87,453 
governmental jurisdictions in the United States.\13\ This number 
includes 39,044 county governments, municipalities, and townships, of 
which 37,546 (approximately 96.2%) have populations of fewer than 
50,000, and of which 1,498 have populations of 50,000 or more. Thus, we 
estimate the number of small governmental jurisdictions overall to be 
84,098 or fewer.
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    \5\ 5 U.S.C. 604(a)(3).
    \6\ 5 U.S.C. 601(6).
    \7\ 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.''
    \8\ See SBA, Programs and Services, SBA Pamphlet No. CO-0028, at 
page 40 (July 2002).
    \9\ 15 U.S.C. 632.
    \10\ 5 U.S.C. 601(4).
    \11\ Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2002).
    \12\ 5 U.S.C. 601(5).
    \13\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2000, Section 9, pages 299-300, Tables 490 and 492.
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    25. Broadcast Auxiliary Service (BAS). BAS involves a variety of 
transmitters, generally used to relay broadcast programming to the 
public (through translator and booster stations) or within the program 
distribution chain (from a remote news gathering unit back to the 
stations). The Commission has not developed a definition of small 
entities specific to broadcast auxiliary licensees. The U.S. Small 
Business Administration (SBA) has developed small business size 
standards, as follows: (1) For TV BAS, we will use the size standard 
for Television Broadcasting, which consists of all such companies 
having annual receipts of no more than $12.0 million; \14\ (2) For 
Aural BAS, we will use the size standard for Radio Stations, which 
consists of all such companies having annual receipts of no more than 
$6 million; \15\ (3) For Remote Pickup BAS we will use the small 
business size standard for Television Broadcasting when used by a TV 
station and that for Radio Stations when used by such a station.
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    \14\ 13 CFR 121.201, NAICS code 515120.
    \15\ Id. NAICS code 515112.
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    26. According to Commission staff review of BIA Publications, Inc. 
Master Access Television Analyzer Database as of May 16, 2003, about 
814 of the 1,220 commercial television stations in the United States 
had revenues of $12 million or less. We note, however, that, in 
assessing whether a business concern qualifies as small under the above 
definition, business (control) affiliations \16\ must be included.\17\ 
Our estimate, therefore, likely overstates the number of small entities 
that might be affected by our action, because the revenue figure on 
which it is based does not include or aggregate revenues from 
affiliated companies. There are also 2,127 low power television 
stations (LPTV).\18\ Given the nature of this service, we will presume 
that all LPTV licensees qualify as small entities under the SBA size 
standard. According to Commission staff review of BIA Publications, 
Inc., Master Access Radio Analyzer Database, as of May 16, 2003, about 
10,427 of the 10,945 commercial radio stations in the United States had 
revenue of $6 million or less. We note, however, that many radio 
stations are affiliated with much larger corporations with much higher 
revenue, and, that in assessing whether a business concern qualifies as 
small under the above definition, such business (control) affiliations 
\19\ are included.\20\ Our estimate, therefore, likely overstates the 
number of small businesses that might be affected by our action.
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    \16\ ``Concerns are affiliates of each other when one concern 
controls or has the power to control the other or a third party or 
parties controls or has to power to control both.'' 13 CFR 
121.103(a)(1).
    \17\ ``SBA counts the receipts or employees of the concern whose 
size is at issue and those of all its domestic concern's size.'' 13 
CFR 121.103(a)(4).
    \18\ FCC News Release, ``Broadcast Station Totals as of 
September 30, 2002'' (Nov. 6, 2002).
    \19\ ``Concerns are affiliates of each other when one concern 
controls or has the power to control the other, or a third party or 
parties controls or has the power to control both.'' 13 CFR 
121.103(a)(1).
    \20\ ``SBA counts the receipts or employees of the concern whose 
size is at issue and those of all its domestic and foreign 
affiliates, regardless of whether the affiliates are organized for 
profit, in determining the concern's size.'' 13 CFR 121.103(a)(4).
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    27. Cable Antenna Relay Service (CARS). CARS includes transmitters 
generally used to relay cable programming within cable television 
system distribution systems. The SBA has developed a small business 
size standard for Cable and other Program Distribution, which consists 
of all such companies having annual receipts of no more than $12.5 
million. According to Census Bureau data for 1997, there were 1,311 
firms within the industry category Cable and Other Program 
Distribution, total, that operated for the entire year.\21\ Of this 
total, 1,180 firms had annual receipts of under $10 million, and an

[[Page 62619]]

additional fifty-two firms had receipts of $10 million to 
$24,999,999.00.\22\ Thus, under this standard, the majority of firms 
can be considered small.
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    \21\ 13 CFR 121.201, NAICS code 517510 (changed from 513220 in 
October 2002).
    \22\ Id.
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    28. Fixed Microwave Services. Microwave services include common 
carrier,\23\ private-operational fixed,\24\ and broadcast auxiliary 
radio services.\25\ At present, there are approximately 36,708 common 
carrier fixed licensees and 59,291 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services. The 
Commission has not yet defined a small business with respect to 
microwave services. For purposes of the FRFA, we will use the SBA's 
definition applicable to wireless and other telecommunications 
companies--i.e., an entity with no more than 1,500 persons.\26\ 
According to Census Bureau data for 1997, there were 977 firms in this 
category, total, that operated for the entire year.\27\ Of this total, 
965 firms had employment of 999 or fewer employees, and an additional 
twelve firms had employment of 1,000 employees or more.\28\ Thus, under 
this size standard, majority of firms can be considered small.
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    \23\ 47 CFR part 101 et seq. (formerly, part 21 of the 
Commission's Rules).
    \24\ Persons eligible under parts 80 and 90 of the Commission's 
rules can use Private-Operational Fixed Microwave services. See 47 
CFR parts 80 and 90. Stations in this service are called 
operational-fixed to distinguish them from common carrier and public 
fixed stations. Only the licensee may use the operational-fixed 
station, and only for communications related to the licensee's 
commercial, industrial, or safety operations.
    \25\ Auxiliary Microwave Service is governed by part 74 of title 
47 of the Commission's rules. See 47 CFR part 74 et seq. Available 
to licensees of broadcast stations and to broadcast and cable 
network entities, broadcast auxiliary microwave stations are used 
for relaying broadcast television signals from the studio to the 
transmitter, or between two points such as a main studio and an 
auxiliary studio. The service also includes mobile TV pickups, which 
relay signals from a remote location back to the studio.
    \26\ 13 CFR 121.201, NAICS code 517212 (formerly 213322).
    \27\ U.S. Census Bureau, 1997 Economic Census, Subject Series: 
Information, ``Employment Size of Firms Subject to Federal Income 
Tax: 1997,'' Table 5, NAICS code 217212 (issues Oct. 2000).
    \28\ 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 ``Firms with 1,000 
employees or more.''
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    29. We note that the number of firms does not necessarily track the 
number of licensees. We estimate that all of the Fixed Microwave 
licensees (excluding broadcast auxiliary licensees) would qualify as 
small entities under the SBA definition. Of these licenses, 
approximately fourteen are issued for frequencies in the Emerging 
Technology bands affected by this proceeding. This, assuming that these 
entities also qualify as small businesses, as many as fourteen small 
business licensees could be affected by the rules we adopt. We note 
that these entities have been subject to relocation by UTAM under rules 
originally adopted in the Commission's Emerging Technologies 
proceeding. UTAM is the Commission's frequency coordinator for UPCS 
devices in the 1910-1930 MH<INF>z</INF> band. The Sixth R&O anticipates 
that these general relocation rules will continue to apply to FS 
microwave licensees and does not propose to modify the class of 
licensees that are subject to these relocation provisions.
    30. Mobile Satellite Service. Neither the Commission nor the U.S. 
Small Business Administration has developed a small business size 
standard specifically for mobile satellite service licensees. The 
appropriate size standard is therefore the SBA standard for Satellite 
Telecommunications, which provides that such entities are small if they 
have $12.5 million or less in annual revenues.\29\ Currently, nearly a 
dozen entities are authorized to provide voice MSS in the United 
States. We have ascertained from published data that four of those 
companies are not small entities according to the SBA's definition,\30\ 
but we do not have sufficient information to determine which, if any, 
of the others are small entities. We anticipate issuing several 
licenses for 2 GH<INF>z</INF> mobile earth stations that would be 
subject to the requirements we are adopting here. We do not know how 
many of those licenses will be held by small entities, however, as we 
do not yet know exactly how many 2 GH<INF>z</INF> mobile-earth-station 
licenses will be issued or who will receive them.\31\ The Commission 
notes that small businesses are not likely to have the financial 
ability to become MSS system operators because of high implementation 
costs, including construction of satellite space stations and rocket 
launch, associated with satellite systems and services.
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    \29\ 13 CFR 121.201, North American Industry Classification 
System (``NAICS'') code 51740, formerly NAICS code 513340.
    \30\ Comsat Corporation, Globalstar USA, Honeywell 
International, Inc., and Mobile Satellite Ventures Subsidiary LLC 
(``MSVS'') each holds one of the current licenses for 1.6 
GH<INF>z</INF> mobile satellite stations. Comsat Corporation 
reported annual revenue of $618 million in its most recent annual 
report to the U.S. Securities and Exchange Commission (``SEC''). 
Globalstar USA (formerly AirTouch Satellite Services) is a 
indirectly majority-owned by Thermo Satellite LP, a Colorado limited 
partnership. (See International Authorizations Granted, Public 
Notice, 19 FCC Rcd 4079 (2004)). In another annual report filed with 
the SEC, Honeywell International Inc. reported receiving sales 
revenue of $23.7 billion in 2001. MSVS is wholly owned by a limited 
partnership that is 48.1% owned by Motient Corporation and 39.9% 
owned by a limited partnership controlled by a wholly-owned 
subsidiary of BCE, Inc. In an annual report filed with the SEC, 
Motient reported revenue of $93.3 billion for calendar year 2001. 
BCE, Inc. reports in its corporate Web site, http://www.bce.ca/en/investors/reports/annual/bce/2002annual/bce_ar02_04_e.html, that 
it received $19.8 billion of revenue in 2002.
    \31\ There are currently four space-station authorizations for 
Mobile Satellite Service systems that would operate with 2 
GH<INF>z</INF> mobile earth stations. Although we know the number 
and identity of the space-station operators, neither the number nor 
the identity of future 2 GHz mobile-earth-station licensees can be 
determined from that data.
---------------------------------------------------------------------------

    31. Unlicensed Personal Communications Services. As its name 
indicates, UPCS is not a licensed service. UPCS consists of intentional 
radiators operating in the frequency bands 1920-1930 MH<INF>z</INF> and 
2390-2400 MH<INF>z</INF>, that provide a wide array of mobile and 
ancillary fixed communication services to individuals and businesses. 
The Sixth R&O affects UPCS operations in the 1920-1930 MH<INF>z</INF> 
band; operations in those frequencies are given flexibility to deploy 
both voice and data-based services. There is no accurate source for the 
number of operators in the UPCS. The Commission has not developed a 
definition of small entities applicable to UPCS equipment 
manufacturers. However, the SBA has developed a small business size 
standard, Cellular and Other Wireless Carriers, which consists of all 
such companies having 1500 or fewer employees.\32\ According to the 
Census Bureau data for 1997, there were 977 firms in this category, 
total, that operated for the entire year.\33\ Of this total, 965 firms 
had employment of 999 or fewer employees, and an additional 12 firms 
had employment of 1,000 employees or more.\34\ Thus, under this size 
standard, the great majority of firms can be considered small.
---------------------------------------------------------------------------

    \32\ 13 CFR 121.201, North American Industry Classification 
System (NAICS) code 517212.
    \33\ U.S. Census Bureau, 1997 Economic Census, Subject Series: 
Information, ``Employment Size of Firms Subject to Federal Income 
Tax: 1997,'' Table 5, NAICS code 517212 (issued Oct. 2000).
    \34\ 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 ``Firms with 1,000 
employees or more.''
---------------------------------------------------------------------------

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    32. The Sixth R&O addresses the possible use of the bands 1915-1920 
MHz and 1995-2000 MHz to support the introduction of new AWS, but does 
not propose service rules. Thus, the item contains no new reporting 
requirements. The Sixth R&O modifies

[[Page 62620]]

the procedures by which incumbent licensees in the 1915-1920 MHz and 
1995-2000 MHz band are to be relocated by new entrants. The relocation 
procedures set forth in the Sixth R&O are based on relocation 
procedures that had been previously adopted for larger blocks of 
spectrum that include the bands 1915-1920 MHz and 1995-2000 MHz, but 
that did not account for new AWS entrants in these bands. For example, 
the Sixth R&O determines that the principle that new licensees must 
reimburse UTAM, Inc., for a proportional share of the band-clearing 
costs UTAM has incurred in relocating the 1910-1930 MHz band should 
apply to new AWS entrants in the 1915-1920 MHz band. The Sixth R&O 
modifies previously established recordkeeping and other compliance 
requirements but does not substantively add to those requirements. 
Licensees that were previously subject to relocation requirements will 
still be subject to relocation requirements, but now may be involved in 
relocation discussions with additional entities--i.e. AWS licensees. 
Similarly, new entrants that were required to share relocation costs 
now may share those costs with new AWS licensees.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    33. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its 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.'' \35\
---------------------------------------------------------------------------

    \35\ U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    34. The Commission considered and rejected proposals to not 
redesignate the 1915-1920 MHz band for AWS. One alternative proposed by 
Ascom, Siemens, Verizon and others would have had us retain this band 
for unlicensed PCS use and modify the pre-existing UPCS rules to allow 
for a greater variety of applications in the band. To the extent that 
small entities are UPCS users, and users of unlicensed bands are 
typically exempt from the reporting requirements that are necessary to 
secure, maintain, and renew a license that is a necessary requirement 
for operation under our licensed service rules, the retention of the 
1915-1920 MHz band for UPCS might have minimized the economic impact on 
small entities. We rejected this approach because we concluded that it 
is feasible to introduce high powered licensed services into the band, 
there is a need for additional spectrum for AWS applications, and there 
are no current users of the 1915-1920 MHz band. Even if we were to 
modify the rules to allow greater UPCS use of the band, the types of 
applications that could be deployed under the UPCS rules would not 
provide the public benefits associated with AWS applications.

Ordering Clauses

    35. Pursuant to Sections 1, 4(i), 303(f) and (r), 309, 316, 332 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 
303(f) and (r), 309, 316, and 332, the Report and Order and the rules 
specified in Appendix A will become effective November 26, 2004.
    36. The Petitions for Rulemaking filed by the Wireless Information 
Networks Forum and UTStarcom Inc., and the Petitions for Waiver filed 
by Lucent Technologies Inc., UTStarcom Inc. and Drew University, Ascom 
Wireless Solutions Inc., Alaska Power & Telephone Company Inc., and RBM 
Communications Are denied.
    37. Pursuant to sections 4(i), 302, 303(e) 303(f), 303(g), 303(r) 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 302, 303(e), 303(f), 303(g) and 405, the joint petition for 
clarification and reconsideration filed by the American Petroleum 
Institute and the United Telecom Council (API/UTC), in ET Docket No. 
95-18, Is granted IN PART to the extent discussed in the NPRM, and 
otherwise Is denied.
    38. The Petitions for Reconsideration filed by Sirius and XM, 
Sprint, and WCA Are denied.
    39. The Petition for Partial Reconsideration filed by PCIA--The 
Wireless Infrastructure Association Is dismissed.
    40. The Petitions for Reconsideration filed by Celsat, CTIA, ICO, 
SIA, and TMI and TerreStar Are denied.
    41. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, Shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

Congressional Review Act

    42. The Commission will send a copy of the Sixth Report and Order 
including FRFA, in a report to be sent to Congress and the Government 
Accountability Office (GAO) pursuant to the Congressional Review Act, 
see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Parts 15, 74, 78, and 101

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 15, 74, 78, and 101 as follows:

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.


0
2. Section 15.301 is revised to read as follows:


Sec.  15.301  Scope.

    This subpart sets out the regulations for unlicensed personal 
communications services (PCS) devices operating in the 1920-1930 MHz 
and 2390-2400 MHz frequency bands.

0
3. Section 15.303 is amended by revising paragraph (g) to read as 
follows:


Sec.  15.303  Definitions.

* * * * *
    (g) Personal Communications Services (PCS) Devices [Unlicensed]. 
International radiators operating in the frequency bands 1920-1930 MHz 
and 2390-2400 MHz that provide a wide array of mobile and ancillary 
fixed communication services to individuals and businesses.
* * * * *
0
4. Section 15.311 is revised to read as follows:


Sec.  15.311  Labeling requirements.

    In addition to the labeling requirements of Sec.  15.19(a)(3), all 
devices operating in the frequency band 1920-1930 MHz authorized under 
this subpart must bear a prominently located label with the following 
statement:
    Installation of this equipment is subject to notification and 
coordination with UTAM, Inc. Any relocation of this equipment must be 
coordinated through, and approved by UTAM.

[[Page 62621]]

UTAM may be contacted at 1-800-429-8826.

0
5. Section 15.319 is amended by revising paragraph (a) to read as 
follows:


Sec.  15.319  General technical requirements.

    (a) The 2390-2400 MHz band is limited to use by asynchronous 
devices under the requirements of Sec.  15.321. The 1920-1930 MHz sub-
band is limited to use by devices under the requirements of Sec.  
15.323.
* * * * *

0
6. Section 15.321 is amended by revising the section heading and 
paragraphs (a) and (b) to read as follows:


Sec.  15.321  Specific requirements for asynchronous devices operating 
in the 2390-2400 MHz band.

    (a) Operation shall be contained within the 2390-2400 MHz band. The 
emission bandwidth of any intentional radiator operating in these bands 
shall be no less than 500 kHz.
    (b) All systems of less than 2.5 MHz emission bandwidth shall start 
searching for an available spectrum window within 3 MHz of the band 
edge at 2390 or 2400 MHz while systems of more than 2.5 MHz emission 
bandwidth will first occupy the center half of the band. Devices with 
an emission bandwidth of less than 1.0 MHz may not occupy the center 
half of the band if other spectrum is available.
* * * * *

0
7. Section 15.323 is amended by revising the heading, removing and 
reserving paragraph (b), and revising paragraphs (a), (c) introductory 
text, (c)(5), (c)(11), and (d) to read as follows:


Sec.  15.323  Specific requirements for devices operating in the 1920-
1930 MHz sub-band.

    (a) Operation shall be contained within the 1920-1930 MHz band. The 
emission bandwidth shall be less then 2.5 MHz. The power level shall be 
as specified in Sec.  15.319(c), but in no event shall the emission 
bandwidth be less than 50 kHz.
* * * * *
    (c) Devices must incorporate a mechanism for monitoring the time 
and spectrum windows that its transmission is intended to occupy. The 
following criteria must be met:
* * * * *
    (5) If access to spectrum is not available as determined by the 
above, and a minimum of 40 duplex system access channels are defined 
for the system, the time and spectrum windows with the lowest power 
level below a monitoring threshold of 50 dB above the thermal noise 
power determined for the emission bandwidth may be accessed. A device 
utilizing the provisions of this paragraph must have monitored all 
access channels defined for its system within the last 10 seconds and 
must verify, within the 20 milliseconds (40 milliseconds for devices 
designed to use a 20 milliseconds frame period) immediately preceding 
actual channel access that the detected power of the selected time and 
spectrum windows is no higher than the previously detected value. The 
power measurement resolution for this comparison must be accurate to 
within 6 dB. No device or group of co-operating devices located within 
1 meter of each other shall during any frame period occupy more than 6 
MHz of aggregate bandwidth, or alternatively, more than one third of 
the time and spectrum windows defined by the system.
* * * * *
    (11) An initiating device that is prevented from monitoring during 
its intended transmit window due to monitoring system blocking from the 
transmissions of a co-located (within one meter) transmitter of the 
same system, may monitor the portions of the time and spectrum windows 
in which they intend to receive over a period of at least 10 
milliseconds. The monitored time and spectrum window must total at 
least 50 percent of the 10 millisecond frame interval and the monitored 
spectrum must be within 1.25 MHz of the center frequency of channel(s) 
already occupied by that device or co-located co-operating devices. If 
the access criteria is met for the intended receive time and spectrum 
window under the above conditions, then transmission in the intended 
transmit window by the initiating device may commence.
* * * * *
    (d) Emissions outside the sub-band shall be attenuated below a 
reference power of 112 milliwatts as follows: 30 dB between the sub-
band and 1.25 MHz above or below the sub-band; 50 dB between 1.25 and 
2.5 MHz above or below the sub-band; and 60 dB at 2.5 MHz or greater 
above or below the sub-band. Emissions inside the sub-band must comply 
with the following emission mask: In the bands between 1B and 2B 
measured from the center of the emission bandwidth the total power 
emitted by the device shall be at least 30 dB below the transmit power 
permitted for that device; in the bands between 2B and 3B measured from 
the center of the emission bandwidth the total power emitted by an 
intentional radiator shall be at least 50 dB below the transmit power 
permitted for that radiator; in the bands between 3B and the sub-band 
edge the total power emitted by an intentional radiator in the 
measurement bandwidth shall be at least 60 dB below the transmit power 
permitted for that radiator. ``B'' is defined as the emission bandwidth 
of the device in hertz. Compliance with the emission limits is based on 
the use of measurement instrumentation employing peak detector function 
with an instrument resolution bandwidth approximately equal to 1.0 
percent of the emission bandwidth of the device under measurement.
* * * * *

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

0
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.


0
8. Section 74.690 is amended by revising paragraph (a) to read as 
follows:


Sec.  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 licensees in the 1995-
2000 MHz and 2020-2025 MHz bands are subject to the specific relocation 
procedures adopted in WT Docket 04-356.
* * * * *

PART 78--CABLE TELEVISION RELAY SERVICE

0
9. The authority citation for part 78 continues to read as follows:

    Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066,

[[Page 62622]]

1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, 153, 154, 301, 303, 
307, 308, 309.


0
10. Section 78.40 is amended by revising paragraph (a) to read as 
follows:


Sec.  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 licensees in the 1995-2000 MHz and 
2020-2025 MHz bands are subject to the specific relocation procedures 
adopted in WT Docket 04-356.
* * * * *

PART 101--FIXED MICROWAVE SERVICES

0
11. The authority citation for part 101 continues to read as follows:

    Authority: 47 U.S.C. 154, 303.


0
12. Section 101.69 is amended by revising the introductory text, 
paragraphs (b) and (d) and by adding new paragraphs (e) and (f) to read 
as follows:


Sec.  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, emerging technologies, and other related 
services.

    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.
* * * * *
    (b) Except as provided in paragraph (c) and (f) of this section, 
FMS operations in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz 
bands, with the exception of public safety facilities defined in Sec.  
101.77, will continue to be co-primary with other users of this 
spectrum until two years after the FCC commences acceptance of 
applications for ET service (voluntary negotiation period), and until 
one year after an ET licensee initiates negotiations for relocation of 
the fixed microwave licensee's operations (mandatory negotiation 
period). In the 1920-1930 MHz band allocated for unlicensed PCS, FMS 
operations will continue to be co-primary until one year after UTAM, 
Inc. initiates negotiations for relocation of the fixed microwave 
licensee's operations. Except as provided in paragraph (c) of this 
section, public safety facilities defined in Sec.  101.77 will continue 
to be co-primary in these bands until three years after the Commission 
commences acceptance of applications for an emerging technology service 
(voluntary negotiation period), and until two years after an emerging 
technology service licensee or an emerging technology unlicensed 
equipment supplier or representative initiates negotiations for 
relocation of the fixed microwave licensee's operations (mandatory 
negotiation period). If no agreement is reached during either the 
voluntary or mandatory negotiation periods, 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 Sec.  101.75.
* * * * *
    (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 1910-1920 MHz and 2175-2180 MHz 
bands will follow the requirements and procedures set forth in ET 
Docket No. 00-258 and WT Docket No. 04-356.

0
13. Section 101.73 is amended by revising paragraphs (a) and (d) 
introductory text to read as follows:


Sec.  101.73  Mandatory negotiations.

    (a) If a relocation agreement is not reached during the voluntary 
period, the ET licensee may initiate a mandatory negotiation period. 
This mandatory period is triggered at the option of the ET licensee, 
but ET licensees may not invoke their right to mandatory negotiation 
until the voluntary negotiation period has expired. 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.
* * * * *
    (d) Provisions for Relocation of Fixed Microwave Licensees in the 
2110-2150 and 2160-2200 MHz bands. Except as otherwise provided in 
Sec.  101.69(e) pertaining to FMS relocations by MSS/ATC licensees, 
mandatory negotiations will commence when the ET licensee informs the 
fixed microwave licensee in writing of its desire to negotiate. 
Mandatory negotiations will be conducted with the goal of providing the 
fixed microwave licensee with comparable facilities, defined as 
facilities possessing the following characteristics:
* * * * *
[FR Doc. 04-23835 Filed 10-26-04; 8:45 am]
BILLING CODE 6712-01-P