77938 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

of broadband services and the 

development of local telephone service 

competition. Selected information 

provided in the worksheet will be made 

available to the public in a manner 

consistent with the Commission’s rules 

and orders. 

We have estimated that each response 

to this collection of information will 

take, on average, 10 hours. Note that 

many companies will file multiple 

responses and that this estimated 

average reflects the fact that many 

companies will be required to file only 

a single service count that should be 

readily available from internal company 

records. Our estimate includes the time 

to read the instructions, look through 

existing records, gather and maintain 

the required data, enter the data in a 

Form 477 spreadsheet, prepare a floppy 

diskette or compact disc (if the filer 

decides to submit completed Form 

477(s) by a method other than e-mail) 

and certification, and actually file the 

report. If you have any comments on 

this estimate, or how we can improve 

the collection and reduce the burden it 

causes you, please write the Federal 

Communications Commission, AMD–

PERM, Washington, DC 20554, 

Paperwork Reduction Project (3060–

0816). We also will accept your 

comments via the Internet if you send 

them to Judith-B.Herman@fcc.gov. Do 

not send completed FCC Form 477 to 

this address. Remember—You are not 

required to respond to a collection of 

information sponsored by the Federal 

government, and the government may 

not conduct or sponsor this collection, 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. This collection 

has been assigned an OMB control 

number of 3060–0816. 

The Commission is authorized under 

the Communications Act of 1934, as 

amended, to collect the personal 

information we request in this form. If 

we believe there may be a violation or 

potential violation of a statute or a 

Commission regulation, rule, or order, 

your filing may be referred to the 

Federal, state, or local agency 

responsible for investigating, 

prosecuting, enforcing, or implementing 

the statute, rule, regulation, or order. In 

certain cases, the information in your 

worksheet may be disclosed to the 

Department of Justice, court, or other 

adjudicative body when (a) the 

Commission; or (b) any employee of the 

Commission; or (c) the United States 

government, is a party to a proceeding 

before the body or has an interest in the 

proceeding. 

Reporting entities failing to file Form 

477 in a timely fashion may be subject 

to penalties under the Communications 

Act, including sections 502 and 503(b).

List of Subjects in 47 CFR Parts 1, 20 

and 43 

Communications common carriers, 

Reporting and recordkeeping 

requirements, Telecommunications, 

Telephone.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

Rule Changes

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Parts 1, 20, 

and 43 as follows:

PART 1—PRACTICE AND 

PROCEDURE

■ 1. The authority citation for part 1 is 

revised to read as follows:

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 

151, 154(i), 154(j), 155, 157, 225, and 303(r).

■ 2. Section 1.7001 is amended by 

revising paragraph (b) to read as follows:

§ 1.7001 Scope and content of filed 

reports.

* * * * *

(b) All commercial and governmentcontrolled entities, including but not 

limited to common carriers and their 

affiliates (as defined in 47 U.S.C. 153 

(1)), cable television companies, 

Multichannel Multipoint Distribution 

Service (MMDS/MDS) ‘‘wireless cable’’

carriers, other fixed wireless providers, 

terrestrial and satellite mobile wireless 

providers, utilities and others, which 

are facilities-based providers, shall file 

with the Commission a completed FCC 

Form 477, in accordance with the 

Commission’s rules and the instructions 

to the FCC Form 477, for each state in 

which they provide service.

* * * * *

PART 20—COMMERCIAL MOBILE 

RADIO SERVICES

■ 3. The authority citation for part 20 is 

revised to read as follows:

Authority: 47 U.S.C. 154, 157, 160, 251–

254, 303, and 332 unless otherwise noted.

■ 4. Section 20.15 is amended by 

revising paragraph (b)(1) to read as 

follows:

§ 20.15 Requirements under Title II of the 

Communications Act.

* * * * *

(b) * * *

(1) File with the Commission copies 

of contracts entered into with other 

carriers or comply with other reporting 

requirements, or with §§ 1.781 through 

1.814 and 43.21 of this chapter; except 

that commercial radio service providers 

that offer broadband service, as 

described in § 1.7001(a) of this chapter 

or mobile telephony are required to file 

reports pursuant to §§ 1.7000 and 43.11 

of this chapter. For purposes of this 

section, mobile telephony is defined as 

real-time, two-way switched voice 

service that is interconnected with the 

public switched network utilizing an innetwork switching facility that enables 

the provider to reuse frequencies and 

accomplish seamless handoff of 

subscriber calls.

* * * * *

PART 43—REPORTS OF 

COMMUNICATION COMMON 

CARRIERS AND CERTAIN AFFILIATES

■ 5. The authority citation for part 43 

continues to read as follows:

Authority: 47 U.S.C. 154; 

Telecommunications Act of 1996, Pub. L. 

104–104, secs. 402(b)(2)(B), (c), 110 Stat. 56 

(1996) as amended unless otherwise noted. 

47 U.S.C. 211, 219, 220 as amended.

■ 6. Section 43.11 is amended by 

revising paragraph (a) to read as follows:

§ 43.11 Reports of local exchange 

competition data. 

(a) All common carriers and their 

affiliates (as defined in 47 U.S.C. 153 

(1)) providing telephone exchange or 

exchange access service (as defined in 

47 U.S.C. 153 (16) and (47)) or 

commercial mobile radio service 

(CMRS) providers offering mobile 

telephony (as defined in § 20.15(b)(1) of 

this chapter) shall file with the 

Commission a completed FCC Form 

477, in accordance with the 

Commission’s rules and the instructions 

to the FCC Form 477, for each state in 

which they provide service.

* * * * *

[FR Doc. 04–28415 Filed 12–28–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 2, 15, 27, 87 and 97 

[ET Docket No. 00–258; WT Docket No. 02–

8; FCC 04–246] 

Advanced Wireless Services

AGENCY: Federal Communications 

Commission

ACTION: Final rule.

SUMMARY: This document facilitates the 

introduction of Advanced Wireless 

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 77939

Service (AWS) in the band 1710–1755 

MHz—an integral part of a 90 MHz 

spectrum allocation recently reallocated 

to allow for such new and innovative 

wireless services. We largely adopt the 

proposals set forth in our recent AWS 

Fourth NPRM in this proceeding that are 

designed to clear the 1710–1755 MHz 

band of incumbent Federal Government 

operations that would otherwise impede 

the development of new nationwide 

AWS services. These actions are 

consistent with previous actions in this 

proceeding and with the United States 

Department of Commerce, National 

Telecommunications and Information 

Administration (‘‘NTIA’’) 2002 Viability 

Assessment, which addressed relocation 

and reaccommodation options for 

Federal Government operations in the 

band.

DATES: Effective January 28, 2005.

FOR FURTHER INFORMATION CONTACT: Ted 

Ryder, Office of Engineering and 

Technology, (202) 418–2803.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Seventh 

Report and Order, ET Docket No. 00–

258 and WT Docket No. 02–8, FCC 04–

246, adopted October 14, 2004, and 

released October 21, 2004. The full text 

of this Commission decision is available 

on the Commission’s Internet site at 

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 Seventh Report and Order 

(7th R&O), we undertook a narrow and 

specific task—the reaccommodation of 

Federal Government users in order to 

make the 1710–1755 MHz band 

available for AWS use. However, the 

decisions we made are part of a larger 

and substantially more complex 

proceeding. The quest to make spectrum 

available for a variety of new and 

innovative wireless services has 

involved a variety of bodies, including 

this Commission, Federal Government 

stakeholders as represented through 

NTIA, and Congress. 

2. In the Omnibus Budget 

Reconciliation Act of 1993 (‘‘OBRA–

93’’), Congress directed the Secretary of 

Commerce to identify at least 200 

megahertz of spectrum below 5 GHz for 

transfer to non-Federal Government 

services. NTIA identified 235 

megahertz, including the bands 1710–

1755 MHz and 2390–2400 MHz, for 

such transfer. At that time, the band 

1710–1755 MHz, which was a Federal 

Government exclusive band, was to be 

reallocated as a mixed-use band. 

Specifically, Federal Government use of 

the band 1710–1755 MHz was to remain 

protected indefinitely at 333 fixed 

microwave stations used by Federal 

power agencies, as required by 47 U.S.C. 

923(c)(4), and would additionally be 

protected indefinitely at 111 stations 

used for aviation-related safety 

communications and at 16 sites used by 

DOD for fixed point-to-point 

microwave, tactical radio relay, 

aeronautical mobile stations, etc. 

3. The Report and Order accomplishes 

two main tasks. First, we allow Federal 

Government users access to new 

frequencies—generally grouped into 

frequencies in the band 2025–2110 MHz 

(‘‘2 GHz’’) and frequencies in the band 

2360–2400 MHz—that will allow 

Federal users to relocate existing 

operations in such a way that will 

ultimately free spectrum for these users 

to relocate operations from the 1710–

1755 MHz band. Second, we address the 

relocation procedures and policies that 

are necessary to make these relocations 

of Federal Government users possible. 

4. Specifically, the 7th R&O adopts 

the following spectrum allocation 

decisions:

—We allow the U.S. Department of 

Defense (‘‘DOD’’) to use the band 

2025–2110 MHz, on a co-equal, 

primary basis with non-Federal 

Government operations, for earth 

stations at 11 sites to support military 

space operations (also known as 

tracking, telemetry, and commanding 

or ‘‘TT&C’’). This will provide DOD 

with additional flexibility in the band 

1755–1850 MHz to accommodate 

systems displaced from the band 

1710–1755 MHz. 

—We permit the DOD to operate 

stations in the fixed and mobile 

except aeronautical mobile services in 

the band 2025–2110 MHz on a 

secondary basis at six sites in the 

southwestern region of the United 

States. 

—We rescind the recently established 

rules for the Wireless 

Communications Services (‘‘WCS’’) at 

2385–2390 MHz and no longer make 

the band 2390–2400 MHz available 

for use by Unlicensed Personal 

Communications Services (‘‘UPCS’’). 

We also allow Federal and nonFederal Government flight test 

stations to operate in the band 2385–

2395 MHz, which in turn will permit 

DOD to relocate all aeronautical 

mobile systems out of the band 1710–

1755 MHz. In addition, these 

allocation changes provide needed 

replacement spectrum for use by DOD 

and commercial flight test stations, 

which recently lost access to 35 

megahertz of spectrum at 1525–1535 

MHz and 2320–2345 MHz.

The Band 2025–2110 MHz (2GHZ) 

5. DOD Co-Primary Use of 2 GHz 

Band. We adopted, with minor changes, 

the proposals for the 2 GHz band set 

forth in the AWS Fourth NPRM. In so 

doing, we recognize the concerns of the 

broadcasting community that sharing of 

that band by TV Broadcast Auxiliary 

Service (‘‘BAS’’) stations and DOD 

TT&C uplink earth stations will be 

challenging in some instances. 

However, we are confident that such 

sharing is feasible and will promote the 

public interest, particularly in the 

ultimate provision of AWS to the 

public, provided that coordination 

procedures adequate to the protection of 

both incumbent BAS stations and DOD 

TT&C uplink earth stations are imposed. 

In this regard, we are maintaining in the 

2 GHz band our longstanding policy that 

first-licensed facilities have the right of 

protection from later-licensed facilities 

operating in the same band. This means 

that a new DOD TT&C uplink earth 

station seeking to operate at 2 GHz must 

coordinate with all BAS stations that 

may be affected by the new earth 

station’s operation. To ensure that the 

right of protection of first-licensed 

facilities is adequately maintained, we 

conclude that it is necessary to ensure 

that not too long a period of time 

elapses between the authorization and 

the commencement of operations of a 

DOD TT&C uplink earth station at 2 

GHz. Thus, DOD must coordinate 

facilities at the 11 sites only when 

construction and/or implementation are 

anticipated, and prior to authorization. 

To ensure that such coordination occurs 

successfully, prior to authorization, 

DOD must coordinate the DOD TT&C 

uplink earth station with all potentially 

affected incumbent BAS, Cable 

Television Relay Service (‘‘CARS’’), and 

Local Television Transmission Service 

(‘‘LTTS’’) licensees of stations within 

the coordination contour of the earth 

station, consistent with Appendix 7 of 

the ITU Radio Regulations, and engage 

the local BAS frequency coordinator(s), 

where available, in support of achieving 

such coordination. DOD, at the time it 

submits its application for the 

authorization of a 2 GHz earth station to 

the Commission through NTIA’s 

77940 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

Frequency Assignment Subcommittee 

(‘‘FAS’’), must provide, with its 

application, a list of the entities with 

which coordination was undertaken. 

For those rare situations where no 

reasonable coordination can be 

negotiated, the issue may be raised to 

the FCC and NTIA to jointly arbitrate 

resolution. We will not concur with 

authorizing operation of any 2 GHz DOD 

TT&C uplink earth station in the 

absence of successful coordination 

between DOD and the affected BAS 

incumbents. Once the DOD TT&C 

uplink earth station has begun 

coordination, new BAS, CARS, and 

LTTS stations for which coordination 

begins later must accept interference 

from the DOD earth station, as is 

normally the case for new stations 

sharing spectrum on a co-primary basis. 

Finally, to ensure that future BAS, 

CARS, and LTTS licensees have a 

means for coordinating their proposed 

operations with the DOD TT&C uplink 

earth station, DOD earth stations must 

maintain a point of contact for 

coordination. 

6. Accordingly, we adopted revisions 

generally as proposed for footnote 

US346. Additionally, we have corrected 

some of the geographic coordinates for 

the 11 DOD earth stations, originally 

listed in proposed footnote US346, and 

we have made several editorial changes 

to the footnote. 

7. We acknowledge that recent data 

supplied by the Society of Broadcast 

Engineers, Inc. (‘‘SBE’’), indicate that 

there may be a significant potential for 

interference from DOD TT&C earth 

stations at the 11 sites that may use the 

2 GHz band into 2 GHz fixed receiveonly receivers used in connection with 

BAS electronic newsgathering (‘‘ENG’’) 

mobile TV pick-ups (‘‘TVPUs’’). 

However, as indicated in the AWS 

Fourth NPRM, sharing techniques 

currently exist that should enable 2 GHz 

earth stations to be engineered into the 

11 sites without harming existing BAS 

operations. We also acknowledge that 

some sharing situations will be difficult 

and may require more restrictive 

techniques, such as limiting power, 

limiting the pointing direction and 

elevation of the DOD earth station, 

constructing berms or installing RF 

shielding, arranging time-sharing 

agreements for DOD use during off-peak 

hours when TV BAS use is at a 

minimum, and other mitigation 

techniques. Nonetheless, because these 

techniques, together with coordination 

with potentially affected licensees, can 

facilitate implementation of the DOD 

TT&C earth stations at the 11 sites, we 

see no insurmountable technical 

obstacles that would prevent us from 

implementing the proposed 2 GHz 

allocation. 

8. We also observe that, as noted by 

Motorola, interference to 2 GHz TV BAS 

stations from DOD earth stations will 

not be an immediate issue because DOD 

satellites incorporating those 

frequencies will not be available for at 

least several years. Further, to ensure 

mission success, NTIA anticipates that 

new satellites will be built with dual 

tracking and command frequencies, i.e., 

in both the band 1761–1842 MHz and 

the 2 GHz band. As DOD gains 

experience with TT&C operations in the 

2 GHz band, use of the band 1761–1842 

MHz for TT&C is expected to be 

reduced, but DOD requirements in that 

band may exist until the year 2030. 

Therefore, initial DOD use of the 2 GHz 

band is not expected to involve either 

immediate or full relocation of the 

current systems. However, enabling 

relocation of DOD operation from the 

band 1761–1842 MHz to the 2 GHz band 

will over time allow DOD the flexibility 

to accommodate additional systems in 

the band 1755–1850 MHz. Finally, DOD 

may choose not to use the 2 GHz band 

for some of its 11 existing sites that 

currently operate in the band 1761–1842 

MHz due to coordination difficulties 

with incumbent operations.

9. Additionally, we observe that, by 

the time DOD earth stations begin to use 

the 2 GHz band, total or near-total 

conversion to digital BAS operations is 

likely to have occurred. That conversion 

promises to significantly reduce the 

potential for interference to BAS 

receivers because the digital technology 

to be used for BAS is far more robust 

than analog technology against 

undesired signals. As noted by SBE, use 

of digital technology by BAS licensees 

may permit the BAS desired/undesired 

(‘‘D/U’’) ratio to be relaxed by several 

orders of magnitude in some cases. 

While it is not possible to precisely 

forecast when digital BAS operations 

will be used in a particular geographic 

area, it is also not possible to precisely 

forecast when a DOD earth station may 

begin to use 2 GHz frequencies in that 

area. Given the uncertain timeframe for 

DOD implementation of the 2 GHz 

allocation for the 11 sites, possibly 

extending many years into the future, it 

may be appropriate for us to establish 

the specifics of a coordination process 

that will accommodate future 

developments, such as the digital 

conversion of BAS operations. 

10. With regard to the specific 

concern of Gannett Co., Inc. 

(‘‘Gannett’’), about the DOD site at 

Buckley AFB, CO, we will not impose 

a priori conditions that would restrict 

DOD’s options at that site. We find that 

requiring coordination to protect 

incumbent operations and maintaining 

flexibility on specific technical 

requirements will allow the spectrum 

sharing situation to be customized to 

meet the requirements at the time when 

DOD needs to use this spectrum. 

11. Regarding the technical 

characteristics of the DOD TT&C 

operations, we observe that NTIA has 

updated the NTIA Manual to require 

that DOD TT&C earth stations operating 

in the band 2025–2110 MHz conform to 

operational limits specified in the ITU 

Radio Regulations for that band. These 

limits require that an earth station not 

transmit until the mainbeam of its 

antenna is pointing at least 3° above the 

horizon, unless affected parties have 

agreed to a lower elevation angle. In 

addition, we observe that NTIA has 

adopted the ITU limit on the effective 

isotropic radiated power (‘‘EIRP’’) 

transmitted in any direction towards the 

horizon by an earth station. Specifically, 

these limits require that an earth station 

be: 

(1) Limited to an EIRP of 40 dBW at 

a 0° elevation angle, in any 4 kHz band; 

(2) Permitted to increase its EIRP to 40 

dBW plus 3 times their elevation angle 

between 0–5°, in any 4 kHz band; 

(3) Unlimited in EIRP at elevation 

angles above 5°; and 

(4) Restricted from exceeding these 

EIRP limits by more than 10 dB.

While these technical characteristics 

give an idea of how DOD TT&C 

operations might operate if they were 

constructed today, the situation may 

change before the operations are ready 

to be constructed for the 2 GHz band. 

Therefore, we find that a flexible 

approach regarding technical 

requirements backed up with 

coordination to protect incumbent 

operations is the best approach to 

sharing the 2 GHz band. This will allow 

DOD to take advantage of the latest 

technological capabilities to achieve 

sharing with BAS operations and will 

allow them to consider any changes in 

BAS equipment or use that might occur 

between now and when DOD needs 

access to this spectrum. 

12. Adjacent Band Services. We reject 

the suggestion of Cingular Wireless LLC 

(‘‘Cingular’’) that DOD operations be 

limited to the central portion of the 2 

GHz band because we find that it is 

technically feasible for those operations 

to use the entire band without causing 

interference to adjacent band fixed and 

mobile services. In this regard, we find 

that techniques such as power control, 

operation of earth stations at higher 

elevation angles, baseband filtering, 

berms or RF shielding, and other 

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 77941

techniques, as well as frequency offsets, 

can mitigate interference from 2 GHz 

DOD earth stations to adjacent band 

fixed and mobile services at 1930–2025 

MHz and 2110–2155 MHz. We also 

reject the recommendations of Motorola, 

Inc. (‘‘Motorola’’), that we add AWS in 

the upper adjacent band 2110–2120 

MHz to the list of services that require 

coordination in footnote US346, or 

increase out-of-band emission (‘‘OOBE’’) 

limits for DOD 2 GHz earth stations. 

NTIA and DOD state that DOD 2 GHz 

earth stations’ compliance with the 

OOBE limits in the NTIA Manual

should provide adequate protection to 

out-of-band users. However, we 

recognize the likelihood that a variety of 

factors—such as high power operation 

on a frequency close to the adjacent 

band, combined with a momentarily 

low beam elevation angle to acquire or 

maintain communications with a nongeostationary satellite orbit (‘‘NGSO’’) 

satellite as it passes through elevation 

angles just above the horizon in a 

certain direction—may occur, increasing 

the potential for interference to AWS 

users in that direction. We accept 

NTIA’s and DOD’s position that 

additional measures will not generally 

be needed. However, we expect that 

DOD will be cognizant of the potential 

for interference into AWS operations in 

the adjacent band 2120–2155 MHz and 

take appropriate steps to control such 

interference for specific situations at 

DOD TT&C earth stations. In this regard, 

we note that the same measures 

exercised by the DOD 2 GHz earth 

station to protect BAS facilities, such as 

maintaining high elevation angles and 

erecting berms as described, should 

similarly mitigate against adjacent band 

interference with AWS operating in the 

same areas. We will address protection 

of new services in the lower adjacent 

band 2020–2025 MHz, which has been 

allocated for use by Fixed and Mobile 

services on a primary basis, in a future 

decision. 

13. Finally, with regard to the 

potential for 2 GHz DOD earth stations 

to cause overload interference to 

adjacent band receivers, we recognize 

this potential but note that at present it 

is unclear what type of receivers will be 

used in these adjacent bands when DOD 

transmitters commence operations in 

several years. Further, as suggested by 

Cingular, the record in this proceeding 

is not sufficiently developed to warrant 

the adoption of receiver interference 

immunity standards at this time. 

However, we urge industry to 

contemplate the future development of 

such standards and will revisit this 

issue if the situation warrants. 

14. Secondary DOD Use of 2 GHz 

Band. We find that permitting DOD to 

operate 2 GHz stations in the fixed and 

mobile except aeronautical mobile 

services on a secondary basis at six sites 

is in the public interest. These sites are 

all at remote locations in the 

southwestern United States and can 

operate without hindering 2 GHz BAS 

fixed and mobile operations. We are 

adopting Motorola’s recommendation 

that we modify the wording of our 

proposed new footnote to clarify the 

status of the military operations and 

make some other minor editorial 

changes to the footnote. 

15. EESS Use of 2 GHz Band. We are 

not requiring DOD to frequency 

coordinate its new 2 GHz uplink earth 

stations with existing 2 GHz EESS 

uplinks that operate under US347. 

While we concur with Space Imaging 

LLC that it and other commercial 

remote-sensing operators use the 2 GHz 

band for important purposes, their 

operations are on a non-interference 

basis, and such users of a frequency 

band do not have the right to be 

protected from interference caused by 

new, primary users of that same band. 

However, we urge DOD, prior to 

commencing 2 GHz operations, to 

consult with remote-sensing licensees 

that operate under US347. We observe 

that it is in DOD’s self-interest to do so 

because these remote sensing licensees 

perform significant defense and 

intelligence work.

The Band 2360–2400 MHz 

16. We are adopting our proposals for 

the band 2360–2400 MHz. Commenters 

generally support these proposals and 

we find that their adoption will play a 

major role in facilitating the 

introduction of AWS by permitting DOD 

to relocate essential aeronautical mobile 

systems to the band 2360–2395 MHz 

from the band 1710–1755 MHz. With 

regard to the concerns voiced by the 

Aerospace and Flight Test Radio 

Coordinating Council (‘‘AFTRCC’’), that 

new amateur use of the band 2390–2395 

MHz should be precluded and existing 

amateur use of that band should be 

grandfathered, we decline to adopt such 

measures. We believe that shared use 

should not impose an undue constraint 

on either service. Amateur access to the 

band on a primary basis was established 

relatively recently—in 1995—and we 

note that amateur use of the band 

appears to be relatively light. Moreover, 

aeronautical mobile use of the band will 

likely be predominantly at remote 

facilities. We also will not impose 

coordination requirements between 

amateur and aeronautical flight testing 

operations. We observe that the 

potential for interference from amateur 

operations, even directional point-topoint operations, to flight testing 

operations, would be small, due to the 

high altitudes of aeronautical mobile 

flight testing transmitters, and the 

correspondingly high elevation and offaxis attenuation of high gain flight 

testing receive antennas on the ground. 

Although, as noted by AFTRCC, low 

antenna elevation angle and off-axis 

attenuation of flight testing receive 

antennas, and line-of-site conditions, 

could occur, and thus we cannot rule 

out the possibility of interference to 

flight testing from amateur operations, 

we believe the likelihood of such an 

occurrence is limited by the remoteness 

of flight testing facilities, and the 

relatively light use of the band 2390–

2395 MHz band by amateurs. Also, as 

indicated by the current lack of 

agreement regarding coordination 

between the National Association for 

Amateur Radio (also known as the 

American Radio Relay League or 

‘‘ARRL’’) and AFTRRC, and especially 

given the flexibility of amateurs to 

operate without specific station 

authorization or registration on the 

Commission’s database, it appears 

impractical to establish an effective 

coordination requirement at this time. 

We also conclude that, because most 

flight testing is conducted at high 

altitudes with low output power at 

remote facilities, the reverse potential 

for interference from flight testing 

operations into amateur operations is 

also small. Therefore, we will not 

require that flight testing operations be 

coordinated with amateur operations. 

Recognizing that this is a unique 

approach to shared use of the band, in 

the unlikely event that interference 

occurs to either flight testing or amateur 

operations, we expect that both parties 

will work together to identify and 

resolve the interference or find a 

mutually acceptable solution. Should 

these efforts not succeed, the matter 

should be referred to the FCC or NTIA 

for resolution. 

17. We decline to adopt the 

recommendation of Sirius Satellite 

Radio Inc. and XM Radio, Inc. (‘‘Sirius/

XM’’), that all new Government and 

non-Government aeronautical mobile 

operators in the band 2360–2395 MHz 

meet the OOBE limits that apply to WCS 

licensees at 2305–2320/2345–2360 MHz 

to protect Satellite Digital Audio Radio 

Service (‘‘DARS’’) receivers in the band 

2320–2345 MHz from interference. We 

find those limits to be inappropriate for 

aeronautical mobile services at 2360–

2395 MHz. It is extremely unlikely that 

aeronautical mobile transmitters would 

77942 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1966 

(SBREFA), Public Law 104–121, Title II, 110 Stat. 

857 (1996).

2AWS Fourth NPRM, 18 FCC Rcd 13235 (2003) 

¶ 64 and Appendix B.

3 5 U.S.C. 601(6).

4 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.’’

5 15 U.S.C. 632.

6 5 U.S.C. 601(4).

7 Independent Sector, The New Nonprofit 

Almanac and Desk Reference (2002).

8 5 U.S.C. 601(5).

9U.S. Census Bureau, Statistical Abstract of the 

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

Tables 490 and 492.

be in close enough proximity to Satellite 

DARS receivers so as to create a 

potential for harmful interference to 

those receivers. In this regard, we 

observe that aeronautical mobile 

operations will not be widespread and 

will often occur in the vicinity of test 

ranges. Thus, it is expected that there 

normally would be large separation 

distances between aeronautical mobile 

transmitters and Satellite DARS 

receivers. We also observe that Satellite 

DARS signal strength is generally 

sufficiently high to overcome potential 

interference from aeronautical mobile 

transmitters even in an unusual case 

where the DARS receiver is relatively 

close to the aeronautical transmitter. 

Further, Sirius/XM have provided no 

analysis or other information 

demonstrating that tighter emission 

limits are necessary to ensure that 

spurious emissions from aeronautical 

transmitters do not cause harmful 

interference to Satellite DARS receivers. 

We find that Sirius/XM have not 

established any basis or need for 

applying the WCS OOBE limits to 

aeronautical mobile services at 2360–

2395 MHz. Accordingly, we will apply 

the OOBE limits specified in § 87.139 of 

our Rules to aeronautical mobile 

operations in the band 2360–2395 MHz. 

18. Finally, no commenting party 

opposed the removal of the WCS from 

the band 2385–2390 MHz or UPCS from 

the band 2390–2400 MHz. Therefore, we 

adopt those proposals to help clear the 

spectrum for new uses. 

19. Accordingly, as proposed in the 

AWS Fourth NPRM, we adopt footnote 

US276 to clearly indicate the allocations 

for the band 2360–2395 MHz. 

20. In Appendix A to the AWS Fourth 

NPRM, we proposed changes to 

§§ 15.301, 15.303, 15.319, and 15.321 of 

our Rules. In those proposed rule 

sections, we erroneously deleted 

references to the asynchronous 1910–

1920 MHz portion of the greater 1910–

1930 MHz UPCS band. In the interim, 

in the 800 MHz/Nextel Order, we have 

adopted rules redesignating the 1910–

1915 MHz lower half of the 1910–1920 

MHz band for Nextel. We have also 

adopted rules redesignating the 1915–

1920 MHz upper half of the 1910–1920 

MHz band, See AWS 6th R&O, 69 FR 

62615, October 27, 2004. The UPCS 

rules we adopt reflect those decisions.

Final Regulatory Flexibility Analysis 

21. As required by the Regulatory 

Flexibility Act (‘‘RFA’’),1 an Initial 

Regulatory Flexibility Analysis 

(‘‘IRFA’’) was incorporated in the 

Fourth Notice of Proposed Rule Making

(‘‘AWS Fourth NPRM’’) in this 

proceeding. The Commission sought 

written comment on the proposals in 

the AWS Fourth NPRM, including 

comments on the IRFA.2 The present 

Final Regulatory Flexibility Analysis 

(‘‘FRFA’’) conforms to the RFA.

A. Need for, and Objectives of, the 

Adopted Rules 

22. In this Seventh Report and Order, 

we allow the Department of Defense 

(‘‘DOD’’) to use the band 2025–2110 

MHz (‘‘2 GHz’’) on a co-equal, primary 

basis with non-Federal Government 

operations for DOD earth stations at 11 

sites that support DOD space operations. 

DOD access to the 2 GHz band may 

make more spectrum available in the 

band 1755–1850 MHz for absorbing 

certain DOD systems displaced from the 

band 1710–1755 MHz. In addition, we 

permit the DOD to operate stations in 

the fixed and mobile services in the 2 

GHz band on a secondary (noninterference) basis at six sites in the 

southwestern region of the United 

States. 

23. We also make numerous 

allocation changes to the band 2360–

2400 MHz, the most significant of which 

rescinds the recent establishment of 

Wireless Communications Services at 

2385–2390 MHz, allows Federal and 

non-Federal Government flight test 

stations to operate in the band 2385–

2395 MHz, and no longer permits the 

band 2390–2400 MHz to be used by 

Unlicensed Personal Communications 

Services (‘‘UPCS’’) applications. These 

allocation changes permit DOD to 

relocate all aeronautical mobile systems 

out of the band 1710–1755 MHz, which 

is a major objective for facilitating the 

introduction of Advanced Wireless 

Services (‘‘AWS’’). In addition, these 

allocation changes provide needed 

replacement spectrum for use by DOD 

and commercial flight test stations, 

which recently lost access to the 35 

megahertz of spectrum at 1525–1535 

MHz and 2320–2345 MHz. Thus, these 

actions are a significant step forward 

toward the introduction of AWS while 

ensuring that the provision of important 

military services is not compromised. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

24. We received no comments directly 

in response to the IRFA. We did, 

however, consider the potential impact 

of the proposed rules on smaller 

entities, and conclude that any impact 

will not be adverse. While new DOD use 

of the 2 GHz band will require 

coordination between DOD and existing 

TV Broadcasting Auxiliary Services 

(‘‘BAS’’) licensees, the burden will be 

on DOD to demonstrate that its new use 

can be accomplished on a noninterference basis. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Adopted Rules Will Apply 

25. 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 proposed rules, if adopted. The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ 3 In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’

under the Small Business Act.4 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).5

26. A small organization is generally 

‘‘any not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field.’’ 6

Nationwide, there are approximately 1.6 

million small organizations.7 ‘‘Small 

governmental jurisdiction’’ generally 

means ‘‘governments of cities, counties, 

towns, townships, villages, school 

districts, or special districts, with a 

population of less than 50,000.’’ 8 As of 

1997, there were approximately 87,453 

governmental entities in the United 

States.9 This number includes 39,044 

county governments, municipalities, 

and townships, of which 37,546 

(approximately 96.2%) have 

populations of fewer then 50,000 and 

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 77943

10The IRFA mistakenly listed the number of TV 

BAS licensees for the sub-band 1990–2025 MHz 

rather than for the entire band 1990–2110 MHz. 

There are approximately 144 more licensees in the 

entire band than in the sub-band.

11 13 CFR 121.201, NAICS code 515120.

12U.S. Census Bureau, 1997 Economic Census, 

Subject Series: Information, ‘‘Receipts Size of Firms 

Subject to Federal Income Tax; 1997,’’ Table 4, 

NAICS code 515120 (issued Oct. 2000).

13 Id. The census data do not provide a more 

precise estimate.

14The IRFA mistakenly listed the number of 

CARS licensees for the sub-band 1990–2025 MHz 

rather than for the entire band 1990–2110 MHz. 

However, the number of CARS licensees is the same 

in the sub-band as in the entire band.

15 Id. at NAICS code 515120.

16 Id.

17 Id. The census data do not provide a more 

precise estimate.

18The IRFA mistakenly listed the number of 

LTTS licensees for the sub-band 1990–2025 MHz 

rather than for the entire band 1990–2110 MHz. 

However, the number of LTTS licensees in each 

band differs by only one.

19 13 CFR 121.201, NAICS code 517212.

20U.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).

21 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.’’

22See Seventh Report and Order ¶ 27.

23 5 U.S.C. 603(c).

1,498 have populations of 500,000 or 

more. Thus, we estimate the number of 

small governmental jurisdictions overall 

to be approximately 84,098 or fewer.

27. In the 2 GHz band, the rules 

adopted in this Report and Order affect 

licensees in the Television BAS, the 

Local Television Transmission Service 

(‘‘LTTS’’), and the Cable Television 

Relay Service (‘‘CARS’’). 

BAS. This service uses a variety of 

transmitters 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). There are approximately 

712 TV BAS licensees in the 1990–2110 

MHz band, and these licensees will 

ultimately be required to use only the 2 

GHz portion of that band.10 It is unclear 

how many of these will be affected by 

our new rules.

The Commission has not developed a 

definition of small entities specific to 

BAS licensees. The U.S. Small Business 

Administration (SBA) has developed 

small business size standards, as 

follows: For TV BAS, we use the size 

standard for Television Broadcasting, 

which consists of all such companies 

having annual receipts of no more than 

$12.0 million.11 According to Census 

Bureau data for 1997, there were 906 

Television Broadcasting firms, total that 

operated for the entire year.12 Of this 

total, 734 firms had annual receipts of 

$9,999,999.00 or less and an additional 

71 had receipts of $10 million to 

$24,999,999.00.13 Thus, under this 

standard, the majority of firms can be 

considered small.

CARS. There are nine CARS mobile 

licensees in the 1990–2110 MHz band, 

and these licensees will ultimately be 

required to use only the 2 GHz portion 

of that band.14 It is unclear how many 

of these will be affected by our new 

rules. 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.15 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.16 Of this 

total, 1,180 firms had annual receipts of 

$9,999,999.00 or less, and an additional 

52 firms had receipts of $10 million to 

$24,999,999.00.17 Thus, under this 

standard, the majority of firms can be 

considered small.

LTTS. There are 34 LTTS licensees in 

the 1990–2110 MHz band, and these 

licensees will ultimately be required to 

use only the 2 GHz portion of that 

band.18 It is unclear how many of these 

will be affected by our new rules. The 

Commission has not yet defined a small 

business with respect to local television 

transmission services. For purposes of 

this FRFA, we will use the SBA’s 

definition applicable to Cellular and 

Other Wireless Telecommunications—

i.e., an entity with no more than 1,500 

persons.19 According to Census Bureau 

data for 1997, there were 977 firms in 

this category, total, that operated for the 

entire year.20 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.21 Thus, under this size standard, 

the majority of firms can be considered 

small.

In the band 2360–2390 MHz, the rules 

adopted in this Report and Order are not 

expected to impact licensees of flight 

test stations, except to provide those 

licensees continued access to the subband 2385–2390 MHz. That is, Federal 

and non-Federal Government licensees 

of flight test stations have long shared 

the band 2360–2390 MHz and our new 

rules essentially return the sub-band 

2385–2390 MHz to its state prior to 

reallocation. The additional flexibility 

given to Federal Government users is 

not expected to impact licensees of 

flight test stations because this use 

would be on a secondary basis. 

In the band 2390–2400 MHz, the rules 

adopted in this Report and Order are not 

expected to greatly impact licensees in 

the amateur service. Federal and nonFederal Government use of the band 

2390–2395 MHz is expected to occur at 

only a limited number of aeronautical 

telemetry ranges in remote areas. We 

have reviewed our files and have found 

that no unlicensed PCS device has been 

authorized in the band 2390–2400 MHz. 

D. Description of Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

28. The new rules require that DOD 

coordinate a request for use of 

frequencies in the 2 GHz band prior to 

submitting an application to the 

Commission through the Frequency 

Assignment Subcommittee of the 

Interdepartment Radio Advisory 

Committee of the National 

Telecommunications and Information 

Administration. Commission licensees 

may choose to conduct studies or incur 

other expenses during the coordination 

process.22 This will entail costs 

typically associated with the 

coordination process. In addition, we 

observe that DOD will be the party 

initiating coordination.

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

29. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed 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 or reporting requirements 

under the rule for 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 small entities.23

30. We are requiring that the 11 DOD 

earth stations that will operate in the 2 

GHz band prior coordinate their 

frequency use with existing TV BAS 

licensees. Such a requirement will 

ensure that these earth stations operate 

in a manner that minimizes the 

potential of causing harmful 

interference. This action is expected to 

protect incumbent BAS, LTTS, and 

CARS systems from service disruptions 

caused by receiving harmful 

interference. Some commenters 

recommended that we not relocate these 

77944 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

24See, e.g., comments of the Society of Broadcast 

Engineers, Inc., as described in the Seventh Report 

and Order ¶ 20.

earth stations to the 2 GHz band,24 but 

we find that such relocation will not 

adversely impact incumbents and is 

essential to facilitate the introduction of 

AWS.

F. Report to Congress 

31. 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. 

Ordering Clauses 

32. Pursuant to Sections 1, 4(i), 7(a), 

302(a), 303(f), and 303(g) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 157(a), 

302(a), 303(f), and 303(g), this Seventh 

Report and Order IS ADOPTED and that 

parts 1, 2, 15, 27, 87, and 97 of the 

Commission’s Rules ARE AMENDED as 

specified in rules section, effective 30 

days after publication in the Federal 

Register.

Congressional Review Act 

33. The Commission will send a copy 

of the Seventh 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 1, 2, 15, 

27, 87, and 97 

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 1, 2, 

15, 27, 87, and 97 to read as follows:

PART 1—PRACTICE AND 

PROCEDURE

■ 1. The authority citation for part 1 

continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j), 

155, 225, 303(r), 309, and 325(e).

§ 1.948 [Amended]

■ 2. Section 1.948 is amended by 

removing and reserving paragraph 

(j)(1)(xiv).

■ 3. Section 1.1307(b)(1) is amended by 

revising the entry for ‘‘Wireless 

Communications Service (part 27)’’ to 

read as follows:

§ 1.1307 Actions that may have a 

significant environmental effect, for which 

Environmental Assessments (EAs) must be 

prepared.

* * * * *

(b) * * * 

(1) * * *

TABLE 1.—TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION

Service (title 47 CFR rule part) Evaluation requirement if: 

* * * * * * * 

Wireless Communications Service (part 27) ............................................ (1) for the 1390–1392 MHz, 1392–1395 MHz, 1432–1435 MHz, and 

1670–1675 MHz bands: 

Non-building-mounted antennas: height above ground level to lowest 

point of antenna < 10 m and total power of all channels > 2000 W 

ERP (3280 W EIRP). 

Building-mounted antennas: total power of all channels > 2000 W ERP 

(3280 W EIRP). 

(2) for the 746–764 MHz, 776–794 MHz, 2305–2320 MHz, and 2345–

2360 MHz bands 

Total power of all channels > 1000 W ERP (1640 W EIRP). 

* * * * * * * 

* * * * *

§ 1.9005 [Amended]

■ 4. Section 1.9005 is amended by 

removing and reserving paragraph (p).

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS

■ 5. The authority citation for part 2 

continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted.

■ 6. Section 2.106, the Table of 

Frequency Allocations, is amended as 

follows:

■ a. Revise pages 47, 48, 49 and 51.

■ b. In the list of United States (US) 

footnotes, revise footnotes US276 and 

US346, remove US363, and add footnote 

US393.

■ c. In the list of non-Federal 

Government (NG) footnotes, remove 

footnote NG174.

■ d. In the list of Federal Government (G) 

footnotes, revise footnotes G2, G120, and 

G122. 

The revisions and additions read as 

follows:

§ 2.106 Table of Frequency Allocations.

* * * * *

BILLING CODE 6712–01–P

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 77945


ER29DE04.040</GPH>
77946 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 


ER29DE04.041</GPH>
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ER29DE04.042</GPH>
77948 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

BILLING CODE 6712–01–C

* * * * *

United States (US) Footnotes

* * * * *

US276 Except as otherwise provided 

for herein, use of the band 2360–2395 


ER29DE04.043</GPH>
Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 77949

MHz by the mobile service is limited to 

aeronautical telemetering and associated 

telecommand operations for flight 

testing of aircraft, missiles or major 

components thereof. The following 

three frequencies are shared on a coequal basis by Federal and non-Federal 

stations for telemetering and associated 

telecommand operations of expendable 

and reusable launch vehicles whether or 

not such operations involve flight 

testing: 2364.5 MHz, 2370.5 MHz, and 

2382.5 MHz. All other mobile 

telemetering uses shall be secondary to 

the above uses.

* * * * *

US346 Except as provided for below 

and by footnote US222, Federal use of 

the band 2025–2110 MHz by the space 

operation service (Earth-to-space), Earth 

exploration-satellite service (Earth-tospace), and space research service 

(Earth-to-space) shall not constrain the 

deployment of the Television Broadcast 

Auxiliary Service, the Cable Television 

Relay Service, or the Local Television 

Transmission Service. To facilitate 

compatible operations between nonFederal terrestrial receiving stations at 

fixed sites and Federal earth station 

transmitters, coordination is required. 

To facilitate compatible operations 

between non-Federal terrestrial 

transmitting stations and Federal 

spacecraft receivers, the terrestrial 

transmitters in the band 2025–2110 

MHz shall not be high-density systems 

(see Recommendations ITU–R SA.1154 

and ITU–R F.1247). Military satellite 

control stations at the following sites 

shall operate on a co-equal, primary 

basis with non-Federal operations:

Facility Coordinates 

Naval Satellite Control Network, Prospect Harbor, ME.44° 24′ 16′′ N 

068° 00′

46′′ W 

New Hampshire Tracking 

Station, New Boston AFS, 

NH.

42° 56′ 52′′ N 

071° 37′

36′′ W 

Eastern Vehicle Check-out 

Facility & GPS Ground Antenna & Monitoring Station, 

Cape Canaveral, FL.

28° 29′ 09′′ N 

080° 34′

33′′ W 

Buckley AFB, CO .................. 39° 42′ 55′′ N 

104° 46′

36′′ W 

Facility Coordinates 

Colorado Tracking Station, 

Schriever AFB, CO.

38° 48′ 21′′ N 

104° 31′

43′′ W 

Kirtland AFB, NM .................. 34° 59′ 46′′ N 

106° 30′

28′′ W 

Camp Parks Communications 

Annex, Pleasanton, CA.

37° 43′ 51′′ N 

121° 52′

50′′ W 

Naval Satellite Control Network, Laguna Peak, CA.34° 06′ 31′′ N 

119° 03′

53′′ W 

Vandenberg Tracking Station, 

Vandenberg AFB, CA.

34° 41′ 21′′ N 

120° 30′

07′′ W 

Hawaii Tracking Station, 

Kaena Pt, Oahu, HI.

21° 33′ 44′′ N 

158° 14′

31′′ W 

Guam Tracking Stations, Anderson AFB, and Naval 

CTS, Guam.

13° 36′ 54′′ N 

144° 51′

18′′ E 

* * * * *

US393 In the band 2025–2110 MHz, 

the military services may operate 

stations in the fixed and mobile except 

aeronautical mobile services on a 

secondary and coordinated basis at the 

following sites:

Site Coordinates Radius of operation 

(km) 

Nellis AFB, NV .............................................................................................................................. 36° 14′ N 115° 02′ W 80 

China Lake, CA. ........................................................................................................................... 35° 41′ N 117° 41′ W 50 

Ft. Irwin, CA .................................................................................................................................. 35° 16′ N 116° 41′ W 50 

Pacific Missile Test Range/Pt. Mugu, CA .................................................................................... 34° 07′ N 119° 30′ W 80 

Yuma, AZ ...................................................................................................................................... 32° 32′ N 113° 58′ W 80 

White Sands Missile Range, NM .................................................................................................. 33° 00′ N 106° 30′ W 80 

* * * * *

Federal Government (G) Footnotes

* * * * *

G2 In the bands 216–225 MHz, 420–

450 MHz (except as provided by US217 

and G129), 890–902 MHz, 928–942 

MHz, 1300–1390 MHz, 2310–2390 MHz, 

2417–2450 MHz, 2700–2900 MHz, 

5650–5925 MHz, and 9000–9200 MHz, 

the Federal radiolocation service is 

limited to the military services.

* * * * *

G120 Development of airborne 

primary radars in the band 2360–2390 

MHz with peak transmitter power in 

excess of 250 watts for use in the United 

States is not permitted. 

G122 In the bands 2395–2400 MHz, 

2402–2417 MHz, and 4940–4990 MHz, 

Federal operations may be authorized 

on a non-interference basis to 

authorized non-Federal operations, but 

shall not hinder the implementation of 

any non-Federal operations.

* * * * *

PART 15—RADIO FREQUENCY 

DEVICES

■ 7. The authority citation for part 15 

continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, 304, 

307, 336, and 544a.

■ 8. 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 band.

■ 9. Section 15.303 is amended by 

revising paragraph (g) to read as follows:

§ 15.303 Definitions.

* * * * *

(g) Personal Communications Services 

(PCS) Devices [Unlicensed]. Intentional 

radiators operating in the frequency 

band 1920–1930 MHz that provide a 

wide array of mobile and ancillary fixed 

communication services to individuals 

and businesses.

* * * * *

§ 15.319 [Amended]

■ 10. Section 15.319 is amended by 

removing and reserving paragraph (a).

§ 15.321 [Removed and Reserved]

■ 11. Section 15.321 is removed and 

reserved.

PART 27—MISCELLANEOUS 

WIRELESS COMMUNICATIONS 

SERVICES

■ 12. The authority citation for part 27 

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 

307, 309, 332, 336, and 337, unless otherwise 

noted.

§ 27.1 [Amended]

■ 13. Section 27.1 is amended by 

removing and reserving paragraph (b)(7).

77950 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

§ 27.5 [Amended]

■ 14. Section 27.5 is amended by 

removing and reserving paragraph (g).

§ 27.6 [Amended]

■ 15. Section 27.6 is amended by 

removing and reserving paragraph (g).

§ 27.11 [Amended]

■ 16. Section 27.11 is amended by 

removing and reserving paragraph (h).

§ 27.13 [Amended]

■ 17. Section 27.13 is amended by 

removing and reserving paragraph (f).

§ 27.50 [Amended]

■ 18. Section 27.50 is amended by 

removing and reserving paragraph (g).

§ 27.53 [Amended]

■ 19. Section 27.53 is amended by 

removing and reserving paragraph (k).

Subpart K—[Removed]

■ 20. Subpart K is removed and reserved.

PART 87—AVIATION SERVICES

■ 21. The authority citation for part 87 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307(e) 

unless otherwise noted.

■ 22. Section 87.173 is amended by 

revising the entry in the table in 

paragraph (b) for ‘‘2310–2390 MHz’’ to 

read as follows:

§ 87.173 Frequencies.

* * * * *

(b) Frequency table:

Frequency or frequency band Subpart Class of 

station Remarks 

*******

2310–2395 MHz .................................................................................................... J MA,FAT Aeronautical telemetry and telecommand operations. 

*******

■ 23. Section 87.303 is amended by 

revising paragraph (d)(1) to read as 

follows:

§ 87.303 Frequencies.

* * * * *

(d)(1) Frequencies in the bands 1435–

1525 MHz and 2360–2395 MHz are 

assigned primarily for telemetry and 

telecommand operations associated 

with the flight testing of aircraft and 

missiles, or their major components. 

The bands 1525–1535 MHz and 2310–

2360 MHz are also available for these 

purposes on a secondary basis. 

Permissible uses of these bands include 

telemetry and telecommand 

transmissions associated with the 

launching and reentry into the Earth’s 

atmosphere, as well as any incidental 

orbiting prior to reentry, of objects 

undergoing flight tests. In the band 

1435–1530 MHz, the following 

frequencies are shared with flight 

telemetry mobile stations: 1444.5, 

1453.5, 1501.5, 1515.5, 1524.5, and 

1525.5 MHz. In the band 2360–2390 

MHz, the following frequencies may be 

assigned on a co-equal basis for 

telemetry and associated telecommand 

operations in fully operational or 

expendable and re-usable launch 

vehicles, whether or not such operations 

involve flight testing: 2364.5, 2370.5 

and 2382.5 MHz. In the band 2360–2395 

MHz, all other mobile telemetry uses are 

secondary to the above stated launch 

vehicle uses.

* * * * *

PART 97—AMATEUR RADIO SERVICE

■ 24. The authority citation for part 97 

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303. Interpret or 

apply 48 Stat. 1064–1068, 1081–1105, as 

amended; 47 U.S.C. 151–155, 301–609, 

unless otherwise noted.

■ 25. Section 97.303(j)(2)(iii) is revised 

to read as follows:

§ 97.303 Frequency sharing requirements.

* * * * *

(j) * * *

(2) * * *

(iii) The 2390–2417 MHz segment is 

allocated to the amateur service on a 

primary basis. 

(A) The 2390–2395 MHz segment is 

shared with Federal and non-Federal 

Government mobile services on a coequal basis. See 47 CFR 2.106, footnote 

US276. 

(B) Amateur stations operating in the 

2400–2417 MHz segment must accept 

harmful interference that may be caused 

by the proper operation of industrial, 

scientific and medical equipment.

* * * * *

[FR Doc. 04–28420 Filed 12–28–04; 8:45 am] 

BILLING CODE 6712–01–C

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 51 

[CC Docket Nos. 01–338; CC Docket No. 

96–98; CC Docket No. 98–147; FCC 04–248] 

Review of the Section 251 Unbundling 

Obligations of Incumbent Local 

Exchange Carriers; Implementation of 

the Local Competition Provisions of 

the Telecommunications Act of 1996; 

Deployment of Wireline Services 

Offering Advanced 

Telecommunications Capability

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) modifies certain of the 

unbundling obligations associated with 

fiber-to-the-curb (FTTC) architectures 

pursuant to section 251 of the 

Telecommunications Act of 1996 (1996 

Act). Specifically, the Commission 

concludes that FTTC loops will be 

subject to the same, limited unbundling 

obligations governing fiber-to-the-home 

(FTTH) loops. The Commission further 

clarifies that incumbent LECs need not 

build time division multiplexing (TDM) 

capability into new packet-based 

networks or into existing packet-based 

networks that never had TDM 

capability. In addition, the Order also 

clarifies that where an incumbent LEC 

has deployed new FTTH or FTTC loops 

using packet-based equipment, and they 

nevertheless need to hand off a signal to 

some customers in TDM format in order