Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62615

Commodity Parts per million 

Barley, bran .................... 5.0

Cattle, fat ........................ 0.05

Cattle, meat .................... 0.02

Cattle, meat byproducts 0.05

Corn, field, forage ........... 0.7

Corn, field, refined oil ..... 2.5

Corn, field, stover ........... 5.0

Corn, pop, stover ............ 5.0

Corn, sweet, forage ........ 10

Corn, sweet, kernel + 

cob with husks removed ......................... 0.03

Corn, sweet, stover ........ 15

*** * *

Egg ................................. 0.02

Fruit, pome, Group 11 .... 0.2

Goat, fat .......................... 0.05

Goat, meat ...................... 0.02

Goat, meat byproducts ... 0.05

Grain, aspirated fractions 65

Grain, cereal, Group 15, 

except sweet corn ....... 1.0

Hog, fat ........................... 0.05

Horse, fat ........................ 0.05

Horse, meat .................... 0.02

Horse, meat byproducts 0.05

Lychee* ........................... 0.2

Milk, fat (reflecting 0.02 

ppm in whole milk) ...... 0.1

Nut, tree, Group 14 ........ 0.1

Onion, dry bulb ............... 0.1

Onion, green ................... 1.5

Poultry, fat ...................... 0.05

Poultry, meat .................. 0.02

Poultry, meat byproducts 0.02

Radish tops ..................... 4.0

Rapeseed ....................... 0.2

Rice, hulls ....................... 2.5

Rye, bran ........................ 5.0

Sheep, fat ....................... 0.05

Sheep, meat ................... 0.02

Sheep, meat byproducts 0.05

Sorghum, grain forage .... 0.5

Sorghum, grain stover .... 1.0

Soybean, seed ................ 0.1

Soybean, hulls ................ 0.2

Starfruit* .......................... 0.2

Sunflower seed ............... 0.1

*** * *

Vegetable, cucurbit, 

Group 9 ....................... 0.2

Vegetable, fruiting, Group 

8 .................................. 0.3

Vegetable, root, except 

sugar beet, Subgroup 

IB ................................. 0.2

Vegetable, tuberous and 

corm, Subgroup IC ...... 0.04

Wheat, bran .................... 5.0

*There are no U.S. registrations for use of 

deltamethrin on starfruit and lychee.

* * * * *

[FR Doc. 04–24040 Filed 10–26–04; 8:45 am]

BILLING CODE 6560–50–S

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.

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 

62616 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

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

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62617

1See 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).

2Amendment 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).

3See 5 U.S.C. 604.

4Section 706 of the Communications Act of 1934, 

as amended, codified at 47 U.S.C. 157.

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 thirtyfive 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, 

§§ 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 § 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

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.

22. The Sixth R&O discusses the need 

for spectrum allocations to allow for the 

provision of AWS. Specifically, it: 

• Refutes argument that Broadband 

PCS mobile and base transmit bands 

62618 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

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.’’

8See 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).

13U.S. Census Bureau, Statistical Abstract of the 

United States: 2000, Section 9, pages 299–300, 

Tables 490 and 492.

14 13 CFR 121.201, NAICS code 515120.

15 Id. NAICS code 515112.

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).

18FCC 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).

21 13 CFR 121.201, NAICS code 517510 (changed 

from 513220 in October 2002).

must have separation of fifteen 

megahertz, and found that a ten 

megahertz separation is suitable without 

causing interference between services in 

these bands. 

• Redesignated the 1915–1920 MHz 

and 2020–2025 MHz bands for AWS 

use. 

• Redesignated the 2020–2025 MHz 

and 2175–2180 MHz bands for AWS 

use. 

• Paired the 1915–1920 and 1995–

2000 MHz bands and 2020–2025 and 

2175–2180 MHz bands for the provision 

of AWS use.

• Adopts the UTAM reimbursement 

plan for the 1915–1920 MHz band, 

allowing relocation efforts of microwave 

links to continue in the 1910–1930 MHz

band without disruption, while making 

the band available for other spectrum 

efficient services. 

• Denies all petitions for rulemaking 

and petitions for waivers filed in this 

proceeding regarding the 1910–1920 

MHz band. 

• Provided additional flexibility for 

UPCS operations in the 1920–1930 MHz

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-forprofit 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.

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.

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.

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 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62619

22 Id.

23 47 CFR part 101 et seq. (formerly, part 21 of 

the Commission’s Rules).

24Persons 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 operationalfixed 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.

25Auxiliary 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).

27U.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.’’

29 13 CFR 121.201, North American Industry 

Classification System (‘‘NAICS’’) code 51740, 

formerly NAICS code 513340.

30Comsat Corporation, Globalstar USA, 

Honeywell International, Inc., and Mobile Satellite 

Ventures Subsidiary LLC (‘‘MSVS’’) each holds one 

of the current licenses for 1.6 GHz 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 majorityowned 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.

31There are currently four space-station 

authorizations for Mobile Satellite Service systems 

that would operate with 2 GHz 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 mobileearth-station licensees can be determined from that 

data.

32 13 CFR 121.201, North American Industry 

Classification System (NAICS) code 517212.

33U.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.’’

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.

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.

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 MHz 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 GHz 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 GHz 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.

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 MHz and 2390–2400 

MHz, 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 MHz

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.

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 

62620 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

35U.S.C. 603(c)(1)–(c)(4).

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 bandclearing 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

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 preexisting 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

■ 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

■ 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.

■ 2. Section 15.301 is revised to read as 

follows:

§ 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.

■ 3. Section 15.303 is amended by 

revising paragraph (g) to read as follows:

§ 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.

* * * * *

■ 4. Section 15.311 is revised to read as 

follows:

§ 15.311 Labeling requirements. 

In addition to the labeling 

requirements of § 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.

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62621

UTAM may be contacted at 1–800–429–

8826.

■ 5. Section 15.319 is amended by 

revising paragraph (a) to read as follows:

§ 15.319 General technical requirements. 

(a) The 2390–2400 MHz band is 

limited to use by asynchronous devices 

under the requirements of § 15.321. The 

1920–1930 MHz sub-band is limited to 

use by devices under the requirements 

of § 15.323.

* * * * *

■ 6. Section 15.321 is amended by 

revising the section heading and 

paragraphs (a) and (b) to read as follows:

§ 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.

* * * * *

■ 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:

§ 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 § 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 colocated 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 subband. 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

■ 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.

■ 8. Section 74.690 is amended by 

revising paragraph (a) to read as follows:

§ 74.690 Transition of the 1990–2025 MHz 

band from the Broadcast Auxiliary Service 

to emerging technologies. 

(a) New Entrants are collectively 

defined as those licensees proposing to 

use emerging technologies to implement 

Mobile Satellite Services in the 2000–

2020 MHz band (MSS licensees), those 

licensees authorized after July 1, 2004 to 

implement new Fixed and Mobile 

services in the 1990–1995 MHz band, 

and those licensees authorized after 

September 9, 2004 in the 1995–2000 

MHz and 2020–2025 MHz bands. New 

entrants may negotiate with Broadcast 

Auxiliary Service licensees operating on 

a primary basis and fixed service 

licensees operating on a primary basis 

in the 1990–2025 MHz band (Existing 

Licensees) for the purpose of agreeing to 

terms under which the Existing 

Licensees would relocate their 

operations to the 2025–2110 MHz band, 

to other authorized bands, or to other 

media; or, alternatively, would 

discontinue use of the 1990–2025 MHz 

band. New 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

■ 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, 

62622 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, 

153, 154, 301, 303, 307, 308, 309.

■ 10. Section 78.40 is amended by 

revising paragraph (a) to read as follows:

§ 78.40 Transition of the 1990–2025 MHz 

band from the Cable Television Relay 

Service to emerging technologies. 

(a) New Entrants are collectively 

defined as those licensees proposing to 

use emerging technologies to implement 

Mobile Satellite Services in the 2000–

2020 MHz band (MSS licensees), those 

licensees authorized after July 1, 2004 to 

implement new Fixed and Mobile 

services in the 1990–1995 MHz band, 

and those licensees authorized after 

September 9, 2004 in the 1995–2000 

MHz and 2020–2025 MHz bands. New 

entrants may negotiate with Cable 

Television Relay Service licensees 

operating on a primary basis and fixed 

service licensees operating on a primary 

basis in the 1990–2025 MHz band 

(Existing Licensees) for the purpose of 

agreeing to terms under which the 

Existing Licensees would relocate their 

operations to the 2025–2110 MHz band, 

to other authorized bands, or to other 

media; or, alternatively, would accept a 

sharing arrangement with the New 

Entrants that may result in an otherwise 

impermissible level of interference to 

the Existing Licensee’s operations. New 

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

■ 11. The authority citation for part 101 

continues to read as follows:

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

■ 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:

§ 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 § 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 § 101.77 will continue to be coprimary 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 

§ 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.

■ 13. Section 101.73 is amended by 

revising paragraphs (a) and (d) 

introductory text to read as follows:

§ 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 MobileSatellite 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 § 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