[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Rules and Regulations]
[Pages 3139-3150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1332]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 27

[CC Docket No. 99-168; FCC 00-5]


Service Rules for the 746-764 and 776-794 MHz Bands

AGENCY:  Federal Communications Commission.

ACTION:  Final rule.

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SUMMARY:  This document establishes service rules governing the initial 
assignment of licenses, by competitive bidding, and the subsequent 
regulatory treatment of commercial services to be provided on the 746-
764 and 776-794 MHz Bands. The service rules adopted in this document 
enable assignment of these bands to licensees by competitive bidding, 
scheduled to commence in early May in order to comply with the 
statutory requirement that revenues from the auction of the commercial 
spectrum segments be received in the U.S. Treasury by September 30, 
2000.

DATES:  This rule is effective January 20, 2000.

FOR FURTHER INFORMATION CONTACT:  Legal Information: Stan Wiggins, 202-
418-1310; Technical Information: Martin Liebman, 202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First 
Report and Order (First R&O) in WT Docket No. 99-168, FCC 00-5, adopted 
January 6, 2000, and released January 7, 2000. The complete text of 
this First R&O is available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Courtyard 
Level, 445 12th Street, S.W., Washington, DC, and also may be purchased 
from the Commission's copy contractor, International Transcription 
Services (ITS, Inc.), CY-B400, 445 12th Street, S.W., Washington, DC. 
The informal text of the First R&O is posted on the Commission's 
Internet web site, at www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt.

Synopsis of the First Report and Order

    1. The Commission adopts a First Report and Order (First R&O) in WT 
Docket No. 99-168, establishing service and auction rules for the 
commercial licensing of 36 megahertz of spectrum, the 746-764 and 776-
794 Bands, as directed by Congress in the Balanced Budget Act of 1997. 
The subsequent legislation, referred to as the Consolidated 
Appropriations enactment directs the Commission to assign these 
licenses by competitive bidding, and to deposit revenues from those 
assignments in the U.S. Treasury no later than September 30, 2000. The 
assignment of this spectrum to commercial licensees has the potential 
to expand existing wireless services, both fixed and mobile, and to 
introduce both new technologies and new services.
    2. The First R&O divides these Bands into several sub-bands, as 
subsequently described in the ``band plan'' and these decisions reflect 
broad spectrum management considerations. The First R&O also determines 
the more specific service rule and auction rule issues raised with 
respect to the sub-bands occupying 30 of the 36 megahertz, while it 
defers to a subsequent R&O the comparably specific issues raised with 
respect to the remaining 6 megahertz, which are designated as Guard 
Bands and occupy spectrum adjacent to frequencies previously allocated 
for public safety use. Those issues are the subject of a Public Notice 
issued January 7, 2000, which seeks additional comment on technical and 
operational issues. See Public Comment Sought On Issues Related To 
Guard Bands In The 746-764 MHz and 776-794 MHz Spectrum Block (WT 
Docket No. 99-168), Public Notice (January 7, 2000). A future R&O will 
also adopt revisions to Form 601.
    3. These spectrum Bands occupy frequencies formerly reserved for 
analog UHF television service, and new licenses assigned by auction on 
these Bands will be required to protect existing UHF television 
services from harmful interference. This obligation to protect existing 
UHF television services will continue until the termination of analog 
television service, as part of the scheduled transition to digital 
television (DTV) service. Analog television licenses may not be renewed 
beyond December 31, 2006, unless the Commission determines that an 
extension is authorized. See 47 U.S.C. 309(j)(14)(B).

[[Page 3140]]

    4. The First R&O is the Commission's first decision guided by 
principles enunciated in its Spectrum Reallocation Policy Statement. 
See Principles for Reallocation of Spectrum to Encourage the 
Development of Telecommunications Technologies for the New Millennium, 
FCC 99-354, November 22, 1999, (Spectrum Reallocation Policy 
Statement), 1999 WL 1054886 (1999). Based on that statement and the 
record in this proceeding, the First R&O adopts a flexible, market-
based approach to determining service rules for this band, and declines 
to establish a unitary, 36 megahertz license as requested by some 
commenters. The potential for interference to public safety users, and 
the range of different services and spectrum needs asserted by 
commenting parties, make it undesirable to leave determination of the 
internal framework of these bands to a single commercial entity. 
Expanding demand for wireless voice and data services, rapid 
technological change, and the variety of interested parties and 
potential service applications support the Commission's conclusion that 
establishment of separate sub-bands will best ensure the realization of 
a variety of spectrum management priorities. These priorities include: 
(i) Protection of public safety operations; (ii) encouraging efficient 
and intensive use of spectrum; (iii) enabling potential entry by a 
variety of technologies and service providers.
    5. Ensuring protection to public safety operations is achieved, in 
part, by the creation of Guard Bands. Encouraging efficient and 
intensive use of spectrum is furthered by creating sub-bands for 
applications of different scale, while allowing licensee flexibility in 
both the range of possible fixed and mobile wireless uses, and in the 
optional combination and post-auction division of these spectrum 
resources. The creation of the different sub-bands, rather than 
licensing the entire commercial band to a single licensee for a 
specified geographic area, in part reflects the preference of some 
parties, including proponents of new technologies and services, for 
smaller initial spectrum segments on which to bid. The two major sub-
bands established by the First R&O, and the two paired Guard Bands, are 
configured as follows.
    6. Band Plan: The largest sub-band is a 20 megahertz segment, 
consisting of two paired 10 megahertz blocks at 752-762 MHz and 782-792 
MHz, provides a significant block of spectrum that should be desirable 
for providers of advanced wireless services requiring greater 
bandwidth. The greater flexibility of these larger bandwidth segments 
could be used, for example, to satisfy the asymmetric characteristics 
of data services. Providers of existing cellular and PCS services also 
contend that large spectrum blocks are needed to support mobile ``next 
generation'' telephony. The second major sub-band is half this size, a 
10 megahertz segment consisting of two paired 5 megahertz blocks at 
747-752 MHz and 777-782 MHz, and should be of interest to entities 
seeking to deploy innovative wireless technologies, including those 
with the potential to provide Internet access, that require less 
spectrum. The paired 5 megahertz blocks also, by their placement on the 
band, reduce the number of existing television channels to which a new 
licensee's operations would potentially cause interference. The 
designation of paired bands with distinct power limits, as described, 
is consistent with traditional practice for paired mobile services and 
achieves effective flexibility to enable such offerings without 
constraining new technologies and services.
    7. Each of these sub-bands is open to both fixed and mobile 
services, under the technical rules specified, and is also open to new 
``broadcast-type'' services that, consistent with the part 27 technical 
rules, might be subject to provisions of the Communications Act 
specifically directed at broadcast services. Bidders are permitted to 
bid on both sub-bands in a specific geographic area, and retain both if 
successful at auction.
    8. Service and technical regulations governing the larger sub-bands 
were adopted in the First R&O and are described in more detail below. 
In contrast, service and technical regulations for the two spectrum 
blocks established as Guard Bands will be adopted in a future report 
and order, though the First R&O notes that the Commission intends to 
adopt more stringent interference protection standards for Guard Bands 
than for the larger sub-bands that do not directly abut public safety 
spectrum. The actions in the First R&O respecting Guard Bands are 
therefore limited to their designation in the band plan as two paired 
blocks of spectrum. The first Guard Band consists of two 1 megahertz 
segments, at 746-747 MHz and 776-777 MHz, and the second consists of 
two 2 megahertz segments, at 762-764 MHz and 792-794 MHz.
    9. The two larger sub-bands will be auctioned on the basis of six 
Economic Area Groupings (EAGs), which should allow significant 
economies of scale to help reduce costs and increase efficiencies. 
Bidders may aggregate these regional licenses into nationwide licenses.
    10. The First R&O also adopts standards to ensure protection of the 
approximately 100 existing conventional television stations permitted 
to continue operations on these bands during the transition to digital 
television, as well as rules for application licensing, technical and 
operational requirements, and competitive bidding. The structure of the 
band plan, and the related rules, establish a flexible structure 
intended to enable the most efficient and intensive use of this 
spectrum, and we describe below our review of these actions as required 
by section 303(y) of the Communications Act.
    11. The NPRM in this proceeding sought comment both on broad 
spectrum management issues, including the internal framework of the 
spectrum band and possible sharing between services, as well as 
specific issues raised by the activation of commercial services on this 
band. See Service Rules for the 746-764 and 776-794 MHz Bands, and 
Revisions to part 27 of the Commission's rules, WT Docket No. 99-168, 
Notice of Proposed Rulemaking, FCC 99-97, June 3, 1999 (NPRM), 1999 WL 
350460, 64 FR 36686, July 7, 1999. The band plan previously described 
addresses several spectrum management issues. Additional, more 
particular concerns arise over varied service and technical issues. 
Another broad spectrum issue is the Commission's concern over potential 
interference between conventional television and wireless services, if 
the full scope of flexible use were implemented for these spectrum 
blocks.
    12. With regard to broad spectrum management, sharing of these 
bands by conventional television and wireless services is subject to 
section 303(y) of the Communications Act, which requires the 
Commission, before authorizing such ``flexible use'' of a spectrum 
allocation, to make several factual determinations. 47 U.S.C. 303(y). 
Specifically, the Commission must determine that such flexible use is 
consistent with international agreements, and also: (1) Would be in the 
public interest; (2) would not deter investment in communications 
services and systems, or technology development; and (3) would not 
result in harmful interference among users. Many commenters, 
representing a variety of potential service providers, asserted that 
renewed conventional television operations on these bands would create 
such a wide range of interference difficulties as to effectively 
preclude other, non-broadcast wireless

[[Page 3141]]

applications. The First R&O does not permit operations by conventional 
television stations, that is, by stations operating at power levels 
authorized by parts 73 and 74 of the Commission's rules. While spectrum 
markets benefit from flexible service rules, the Commission determined 
that the inherent technical conflicts between such disparate services 
would create substantial spectrum inefficiencies and render provision 
of both types of services on this spectrum impracticable.
    13. Because the Commission determined not to enable conventional 
television services on these bands, it did not need to make the factual 
determinations required by section 303(y) as a precondition to such 
flexible use. The Commission also interpreted the section 303(y) review 
requirement as limited to regulatory decisions that enable flexible use 
between ``services'' as the term ``service'' is used in the allocations 
process. Thus, the Commission did not perform a section 303(y) review 
of rules that enable licensee flexibility within a specific service, 
though it did consider the section 303(y) criteria when making 
decisions under the broader public interest mandate in the statute.
    14. At the same time that it declined to permit conventional 
television service, however, the Commission determined not to preclude 
broadcast-type services that comply with the power and other technical 
requirements established in part 27 for wireless services on these 
bands. With respect to these services, therefore, the Commission 
undertook the required section 303(y) review, and determined that 
because such broadcast-type services will be required to comply fully 
with the technical and operating regulations adopted for wireless 
services, they would create no additional interference attributable to 
sharing between broadcast and wireless services. The Commission also 
determined that it did not anticipate adverse investment or innovation 
effects from such services, and concluded that permitting broadcast-
type services consistent with technical requirements imposed on 
wireless services is in the public interest and satisfies the criteria 
in section 303(y).
    15. More particular licensing and operating rule concerns include: 
(1) The regulatory status of entities licensed under part 27; (2) 
eligibility restrictions; (3) aggregation and disaggregation; (4) 
ownership restrictions; (5) license terms and renewal; (6) performance 
requirements; (7) notice of initial applications and petitions to deny; 
(8) forbearance; and (9) equal employment opportunity. After reviewing 
the First R&O actions in these areas, we will turn to consider 
technical rules and competitive bidding, and finally the protection of 
television services.
    16. (1) Regulatory Status. The rules adopted in the First R&O 
require licensees to identify the regulatory status of the services 
offered, such as common carrier or broadcast, and the Commission will 
revise Form 601 to add the broadcast option for new services on this 
Band.
    17. (2) Eligibility Restrictions. The Commission believes that 
opening this spectrum to as wide a range of applicants as possible will 
encourage efforts to develop new technologies and services, and help to 
ensure the most efficient use of spectrum. Thus, the First R&O imposes 
no restrictions on eligibility, and also does not recognize these 
spectrum blocks for purposes of calculating the CMRS spectrum cap 
applied to cellular, broadband PCS, and SMR services. The Commission 
noted that including these bands in the cap and adjusting the cap 
upward would permit reconsolidation within present CMRS bands, renewing 
concerns about reduced competition and increased prices and reduced 
quality of services provided.
    18. (3) Aggregation and Disaggregation. The initial sizing of EAG 
geographic licensing areas, described briefly in this summary, 
recognizes several spectrum management interests. First, these regional 
areas seem best suited to facilitate rapid service deployment, and to 
avoiding excessive concentration of licenses. Second, mindful of our 
statutory obligation to deposit auction revenues by September 30, 2000, 
we accord due weight to our experience with auctions for larger numbers 
of licenses, which are more complex and take longer to complete. Third, 
while the First R&O enables parties to aggregate spectrum and service 
areas when bidding, and to disaggregate spectrum and partition service 
areas after the auction, there are risks and costs associated with both 
aggregating geographic service areas and forming bidding consortia to 
obtain rights to areas smaller than the initial licensing areas. 
Fourth, the economies of scale that attach to larger licensing areas 
afford better prospects for developing standard protocols for specific 
applications, and for manufacturing equipment to operate at specific 
frequencies.
    19. The Commission believes that permitting licensees in these 
bands to partition service areas and disaggregate spectrum will improve 
smaller entities' ability to overcome entry barriers, and facilitate 
greater participation by rural telephone companies and other smaller 
entities, including those owned by minorities and women. The First R&O 
also establishes bidding credits for small businesses.
    20. (4) Ownership restrictions. The First R&O determines to apply 
existing 47 CFR 27.12, which implements section 310 of the 
Communications Act, to applicants for licenses on these bands 
regardless of the service they choose to provide. While the statute 
requires different substantive standards for compliance with alien 
ownership restrictions, depending on whether the licensee is providing 
common carrier or non-common carrier services, establishing parity with 
regard to reporting requirements will enable more effective Commission 
monitoring of compliance.
    21. (5) License terms and renewal. The First R&O establishes an 
initial license term of approximately 14 years, until January 1, 2014, 
recognizing that incumbent television licensees pose an obstacle to 
fulfillment of new licensees' performance obligations. The 2014 
expiration date reflects the judgment that licensees should be allowed 
eight years after the scheduled termination of the DTV transition as a 
reasonable period to fulfill those requirements. Licensees providing 
nonbroadcast services will also be given a renewal expectancy 
established in 47 CFR 27.14(b), which relies in part on the substantial 
service standards specified in the next paragraph. Licensees involved 
in a comparative renewal proceeding must include the 47 CFR 27.14(b) 
showing at a minimum to claim a renewal expectancy. Because the 
Communications Act establishes a maximum eight-year term for broadcast 
licensees, entities providing broadcast-type services on the 700 MHz 
bands will have to seek renewal eight years after initiating such 
services.
    22. (6) Performance requirements. 47 CFR 27.14(a) requires 
commercial wireless licensees to provide ``substantial service'' to 
their service area within 10 years of being licensed. Several examples 
of ``safe harbors'' that demonstrate substantial service are provided 
in the part 27 Report and Order. See Amendment of the Commission's 
rules to Establish Part 27, the Wireless Communications Service 
(``WCS''), GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785 
(1997) (Part 27 Report and Order), 62 FR 09636, March 3, 1997. We will 
apply those standards to licensees in the 747-762 MHz and 777-792 MHz 
bands. The First R&O also encourages licensees to

[[Page 3142]]

build out not only in urban areas and areas of high density population, 
but in rural areas as well, and cautions that licensees that do not 
serve rural areas, even if otherwise compliant with performance 
standards, will not necessarily be assured of license renewal. Failure 
to meet the substantial service requirement results in forfeiture of 
the license and ineligibility to regain it.
    23. (7) Notice of initial applications; petitions to deny. The 
Commission in its Part 1 Third Report and Order previously exercised 
its statutory authority to provide for a seven-day public notice period 
for auctionable services and a five-day period for filing petitions to 
deny, and has determined in the First R&O to apply those periods to 
initial applications for license in this spectrum. See Amendment of 
Part 1 of the Commission's rules--Competitive Bidding Procedures, WT 
Docket No. 97-82, Allocation of Spectrum Below 5 GHZ Transferred from 
Federal Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third 
Report and Order and Second Further Notice of Proposed Rulemaking, 13 
FCC Rcd 374, 431 (para. 98) (1997), recon. pending, 62 FR 13540 March 
21, 1997.
    24. (8) Forbearance. The Commission has previously forborne from 
applying certain obligations imposed on common carriers by Title II of 
the Communications Act. Common carriers classified as CMRS, who provide 
mobile services in the 747-762 MHz and 777-792 MHz bands, will not be 
required to file contracts of service, seek authority for interlocking 
directors, or submit applications for new facilities or discontinuance 
of existing facilities. Such providers also will not be required to 
file tariffs for most international services, or be subject to most of 
section 226 of the Communications Act, relating to telephone operator 
services. CMRS providers on these bands will also be subject to the 
Commission's complete detariffing of interstate, interexchange services 
offered by non-dominant interexchange carriers, to our elimination of 
part 41 requirements applicable to franks, and to our elimination of 
prior approval requirements for most pro forma transfer applications 
involving telecommunications carriers. CMRS providers on this spectrum 
will, however, be required to support service provider Local Number 
Portability by November 24, 2002.
    25. With regard to providers of fixed common carrier services, such 
entities are specifically exempt from the requirement that authority be 
sought for interlocking directorates, following the Commission's 
decision in its 1998 Biennial Regulatory Review of part 62 of the 
Commission rules. See 1998 Biennial Regulatory Review--Repeal of part 
62 of the Commission's rules, CC Docket No. 98-195, Report and Order, 
FCC 99-163 (July 16, 1999), 1999 WL 503615, 64 FR 43937, August 13, 
1999. In addition, the First R&O applies to licensees on these bands 
the recent amendment of 47 CFR 63.71, which provides for the automatic 
grant of a nondominant common carrier's application for discontinuance 
after 31 days. This establishes comparable regulatory treatment between 
wireline providers and fixed wireless providers operating on the 747-
762 MHz and 777-792 MHz bands.
    26. The Commission's network reliability requirements, however, 
will not apply to fixed service common carrier licensees on this 
spectrum. When such services are involuntarily discontinued, reduced, 
or impaired for more than 48 hours, the licensee must promptly notify 
the Commission in writing of the reasons, and include a statement 
indicating when normal service will be resumed. The licensee must also 
promptly notify the Commission when normal service is resumed.
    27. The First R&O also determined that a non-common carrier 
licensee on these bands that voluntarily discontinues, reduces, or 
impairs service to a community or part of a community will be required 
to give written notice to the Commission within seven days. Neither a 
non-common carrier nor a fixed service common carrier, however, need 
surrender its license for cancellation if the ``discontinuance'' is 
merely a change in common carrier or non-common carrier status.
    28. (9) Equal employment opportunity (EEO). Because the service 
rules permit licensees on these bands to provide any service consistent 
with the technical regulations, including wireless and broadcast 
services, the Commission determined not to include an explicit EEO 
provision in part 27 of the rules. Rather, an applicant's election on 
its Form 601 of one of several specific regulatory classifications will 
determine which of the several, service-based Commission EEO rules will 
apply.
    29. We now turn to technical rules. These can be divided into: (1) 
In-band interference control; (2) out-of-band and spurious emission 
limits; (3) RF safety and power limits; and (4) special considerations 
raised by use of channels 65, 66 and 67. Apart from the specific 
provisions described here, all licensees are subject to the general 
provisions of part 27.
    30. (1) In-band interference control. The First R&O adopts the 
field strength limit approach to control co-channel interference in 
these bands. The rules thus require licensees to limit signals from all 
base and fixed stations operating in the 747-762 MHz band to a 
predicted or measured field strength, specifically 40 dBu/m, at the 
licensee's geographic border.
    31. (2) Out-of-band and spurious emission limits. The NPRM in this 
proceeding recognized both general concerns with interference caused by 
emissions outside the licensee's assigned spectrum, and specifically 
stated Congressional concern with ensuring that public safety service 
licensees operate free of interference from new commercial licensees. 
In the First R&O, the Commission seeks to protect public safety 
services while maintaining the viability of adjacent commercial bands. 
Specifically, the First R&O requires licenses operating in the 747-762 
MHz and 777-792 MHz bands to attenuate power for emissions on any 
frequency outside the authorized spectrum by at least 43 + 10 log (P) 
dB, where P is the transmitter power. In addition, the Commission 
adopts a more stringent out-of-band emission limit (OOBE) of 76 + 10 
log10 (P) dB per 6.25 kHz for emissions from base station transmitters 
operating on the 747-762 MHz sub-bands into the 764-776 MHz and 794-806 
MHz public safety bands.
    32. For mobile and portable transmitters, which will operate in the 
777-792 MHz sub-band, the First R&O specifies an OOBE attenuation 
requirement of at least 65 + 10 log P dB per 6.25 kHz in the 764-776 
MHz and 794-806 MHz public safety bands. If fixed transmissions are 
employed in the 777-792 MHz band, interference to public safety 
operations in the 764-776 MHz band would resemble the type of 
interference to that band caused by base stations operating in the 747-
762 MHz band (and for which we have adopted a 76 + 10 log P standard). 
Accordingly, for fixed transmissions in the 777-792 MHz band, the First 
R&O adopts the standard applied to emissions from base stations in the 
747-762 MHz band, which requires attenuation of fixed transmitters by 
at least 76 + 10 log P dB per 6.25 kHz in the 764-776 and 794-806 MHz 
public safety bands. The Commission also stated its intention to 
consider greater out-of-band attenuation when emissions from a 
transmitter operating in the 747-762 and 777-792 MHz bands causes 
harmful interference to public safety operations.

[[Page 3143]]

    33. These technical regulations governing OOBE and spurious 
emissions are supplemented by additional regulations governing use of 
channels 65, 66, and 67.
    34. (3) RF safety and power limits. The First R&O adopts a 
threshold of 1000 w ERP for categorical exclusion from routine 
evaluation for RF exposure for base and fixed stations. For portable 
devices, the First R&O adopts a maximum power of 3 w ERP, with the 
provision that these devices be evaluated for RF exposure in compliance 
with Sec. 2.1093 of the Commission's rules. This will require 
modification of Secs. 1.1307(b), 2.1091, and 2.1093 of the Commission's 
rules to include potential services and devices developed for use in 
the 700 MHz band.
    35. The First R&O adopts the following power limits: (1) For base 
stations and fixed stations operating in the 747-762 MHz band, an 
effective radiated power (ERP) no greater than 1,000 watts and an 
antenna height above average terrain (HAAT) no greater than 305 meters; 
(2) for mobile, fixed, and control stations operating in the 777-792 
MHz band, an ERP no greater than 30 watts; and (3) for portable 
stations operating in the 777-792 MHz band, an ERP no greater than 3 
watts.
    36. (4) Special considerations for Use of Channels 65, 66, and 67. 
The second harmonic transmissions of services operating on these 
channels, from 776 MHz to 794 MHz, fall within a band used for 
radionavigation in the Global Navigation Satellite System (GNSS), which 
includes the Global Positioning System (GPS). To protect this system 
and ensure that commercial equipment operating in these bands does not 
cause interference to the GNSS, especially when GNSS is used for 
precision approach and landing, the First R&O adopts the following OOBE 
limits for all spurious emissions, including harmonics, that fall 
within the 1559-1610 MHz frequency range, from equipment operating in 
the 747-762 MHz and 777-792 MHz bands. First, for wideband emissions, 
the OOBE limit will be -70 dBW/MHz equivalent isotropically radiated 
power (EIRP). Second, for discrete emissions of less than 700 Hz 
bandwidth, an absolute EIRP limit of -80 dBW.
    37. We now turn to competitive bidding issues. The First R&O 
determined that because the Commission has not yet completed the 
development of a practical means of implementing combinatorial bidding 
procedures, such procedures should not be used for these bands. The 
Commission will use the competitive bidding procedures contained in 
subpart Q of Part 1 of the Commission's rules for the auction of 
licenses in these bands, including any amendments adopted in the 
ongoing part 1 proceeding. While these rules generally will be adequate 
for the auction of licenses for all uses permitted in these bands, the 
Commission also directed the Wireless Telecommunications Bureau to 
adopt, if operationally feasible, an optional nationwide bid withdrawal 
procedure for the 747-762 MHz and 777-792 MHz bands that would cap bid 
withdrawal payments for bidders seeking a 30 megahertz nationwide 
aggregation. Such a procedure would require applicants to declare on 
their short-form applications whether they seek a 30 megahertz 
nationwide aggregation and wish to be subject to the nationwide bid 
withdrawal provisions. Applicants that choose to be such a nationwide 
bidder would not be allowed to bid on anything other than all licenses 
comprising the 30 megahertz aggregation, and must win either this 
aggregation or no licenses at all. The bid withdrawal payment for a 30 
megahertz nationwide bidder that withdraws from the auction would be 
calculated as the difference between the sum of the withdrawn bids and 
the sum of the subsequent high bids on the withdrawn licenses. In 
addition, nationwide bid withdrawal payments would be limited to a 
certain percentage, such as 5 percent, of the aggregate withdrawn bids. 
Applicants that do not choose this nationwide bid withdrawal option may 
still aggregate licenses pursuant to the standard bid withdrawal 
provisions. The Bureau will seek comment on whether to implement this 
procedure in its public notice seeking comment on auction procedures 
for these bands, and will announce, prior to the filing of short-form 
applications for the auction, whether a 30 megahertz nationwide 
aggregation subject to this procedure will be available.
    38. For purposes of the auction of licenses for these bands, the 
Commission will define a small business as an entity with average 
annual gross revenues for the preceding three years not exceeding $40 
million. A very small business is an entity with average annual gross 
revenues for the preceding three years not exceeding $15 million. In 
calculating gross revenues for purposes of small business eligibility, 
the Commission will attribute the gross revenues of the applicant, its 
controlling interests and its affiliates. Consistent with the levels of 
bidding credits adopted in the Part 1 proceeding, small businesses will 
receive a 15 percent bidding credit, and very small businesses will 
receive a 25 percent bidding credit. The First R&O does not adopt 
special preferences for entities owned by minorities or women, because 
the Commission does not have an adequate record to support such special 
provisions under current standards of judicial review.
    39. We now turn to protection of television services from 
interference caused by licensees on these bands. Previous Commission 
decisions stated that television operations in the 746-806 MHz band 
would be fully protected during the digital television (DTV) transition 
period. See Advanced Television Systems and Their Impact Upon the 
Existing Television Broadcast Service, MM Docket No. 87-268, Sixth 
Report and Order, 12 FCC Rcd 14588 (1997), 62 FR 2668, July 11, 1997; 
Reallocation of Television Channels 60-69, the 746-806 MHz Band, ET 
Docket No. 97-157, Notice of Proposed Rule Making, 12 FCC Rcd 14141 
(1997), 62 FR 41012, July 31, 1997. The subsequent Public Safety 
Spectrum Report and Order, adopting service rules for the public safety 
uses of the 700 MHz band, addressed the protection of transitional 
television operations in the 764-776 MHz and 794-806 MHz public safety 
bands. See In the Matter of Development of Operational, Technical and 
Spectrum Requirements for Meeting Federal, State, and local Public 
Safety Agency Requirements Through the Year 2010; Establishment of 
Rules and Requirements For Priority Access Service, WT Docket No. 96-
86, First Report and Order and Third Notice of Proposed Rulemaking, 14 
FCC Rcd 152 (1998), 63 FR 58645, November 2, 1998 (Public Safety 
Spectrum Report and Order). The Commission concludes in the First R&O 
that the factors and considerations examined in the Public Safety 
Spectrum Report and Order with regard to protection of television 
service should also apply to the use of the 747-762 MHz and 777-792 MHz 
bands. Licensees operating on these bands will be required to comply 
with the provisions of 47 CFR 90.545, and the First R&O incorporates 
those provisions into part 27, as 47 CFR 27.60.
    40. The existing agreements with Canada and Mexico covering 
television broadcast use of the UHF 470-806 MHz band do not reflect the 
additional use or services being adopted in the First R&O. Until 
supplemental agreements have been finalized, licenses issued for these 
bands within 120 km of the national borders will be subject to such 
future agreements. Licensees operating in border areas will be granted 
on the condition that harmful interference may not be caused to, but 
must be accepted

[[Page 3144]]

from, UHF television transmitters in Canada and Mexico. Also, pending 
further negotiations, the First R&O adopts the protection criteria for 
domestic television stations as interim criteria for Canadian and 
Mexican television stations.
    41. The effect of continued television operations by protected 
incumbents on the usefulness of these spectrum blocks was recognized in 
the NPRM, which proposed to permit new licensees to reach agreement 
with protected, incumbent television licensees for: (1) Accelerated 
conversion to DTV-only transmission; (2) acceptance of higher levels of 
interference than allowed by the protection standards; or (3) otherwise 
accommodating the new licensees. The First R&O recognizes the spectrum 
management challenge of both minimizing the operational difficulties 
posed by incumbents to new wireless licensees, while maintaining 
broadcast services through the transition period. The extended license 
term specified for services on these bands reflects that licensees may 
not have uncompromised use of the spectrum resource for some years, 
under the statutory provision for DTV transition.
    42. In addition, to the extent that incumbent television licensees 
seek to negotiate with new licensees on these bands, and develop 
accommodations that affect only the analog television broadcast, the 
unitary license established for NTSC and DTV television facilities may 
pose administrative complications. The First R&O states the 
Commission's willingness to consider specific regulatory requests 
needed to implement voluntary agreements reached between incumbent 
television licensees and new licensees in these bands. In considering 
the public interest aspects of specific requests, the Commission would 
consider both the benefits of provisioning new wireless services, 
including service to underserved areas, and the loss of service to the 
community of the broadcast licensee.

Final Regulatory Flexibility Analysis

    43. As required by the Regulatory Flexibility Act, 5 U.S.C. 603 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the NPRM issued in this proceeding. See Service Rules 
for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the 
Commission's Rules, WT Docket No. 99-168, Notice of Proposed 
Rulemaking, FCC 99-97, June 3, 1999 (NPRM), 1999 WL 350460, 64 FR 
36686, July 7, 1999. The Commission sought written public comments in 
the NPRM, including comment on the IRFA. Under the provisions of the 
Consolidated Appropriations enactment, however, the Commission is 
exempt from 5 U.S.C. Chapter 6 and so is not required to prepare a 
Final Regulatory Flexibility Analysis (FRFA) as part of this First R&O. 
See Consolidated Appropriations, Appendix E. Sec. 213. See also 145 
Cong. Rec. at H12493-94 (Nov. 17, 1999).

Ordering Clauses

    44. Part 27 of the Commission's Rules is accordingly amended. The 
rule amendments made by this First R&O shall become effective January 
20, 2000, pursuant to the Consolidated Appropriations statute. See 
Public Law 106-113, 113 Stat. 1501, Appendix E, Section 213. ``Making 
consolidated appropriations for the fiscal year ending September 30, 
2000, and for other purposes.'' (Consolidated Appropriations). See also 
145 Cong. Rec. at H12493-94, H12501 (Nov. 17, 1999).
    45. The Office of Public Affairs, Reference Operations Division, 
shall send a copy of this First R&O to the Chief Counsel for Advocacy 
of the Small Business Administration.

Paperwork Reduction Act

    46. The First R&O contains a new information collection. The 
actions contained in this First R&O are, however, exempt from the 
Paperwork Reduction Act of 1995 under the Consolidated Appropriations 
statute. See Consolidated Appropriations, Appendix E. Sec. 213. See 
also 145 Cong. Rec. at H12493-94 (Nov. 17, 1999). Implementation of the 
revisions to part 27 required to assign licenses in these commercial 
spectrum bands, including revisions to information collections, are 
therefore not subject to approval by the Office of Management and 
Budget, and became effective on adoption. As a matter of information, 
the new paperwork requirements contained in the First R&O are limited 
to: (1) Minor revisions to existing Commission Form 601, to reflect the 
scope of possible services to be provided on these spectrum blocks; and 
(2) the application of existing information collection requirements 
associated with the auction and licensing processes to entities 
participating in the auction of these spectrum blocks.

List of Subjects CFR 47 CFR Part 27

    Telecommunications.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 27 as follows:
    1. The authority citation for part 27 is revised to read as 
follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337 unless otherwise noted.

     2. The heading for part 27 is revised to read as follows:

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

    3. Section 27.1 is amended in paragraph (a) by removing the phrase 
``for the Wireless Communications Service (WCS)'' and adding in its 
place the phrase ``for miscellaneous wireless communications services 
(WCS)'', and by revising paragraph (b) to read as follows:


Sec. 27.1  Basis and purpose.

* * * * *
    (b) Purpose. This part states the conditions under which spectrum 
is made available and licensed for the provision of wireless 
communications services in the following bands.
    (1) 2305-2320 MHz and 2345-2360 MHz.
    (2) 747-762 MHz and 777-792 MHz.
* * * * *

    4. Section 27.2 is revised to read as follows:


Sec. 27.2  Permissible communications.

    (a) Miscellaneous wireless communications services. Subject to 
technical and other rules contained in this part, a licensee in the 
frequency bands specified in Sec. 27.5 may provide any services for 
which its frequency bands are allocated, as set forth in the non-
Federal Government column of the Table of Allocations in Sec. 2.106 of 
this chapter (column 5).
    (b) Satellite DARS. Satellite digital audio radio service (DARS) 
may be provided using the 2310-2320 and 2345-2360 MHz bands. Satellite 
DARS service shall be provided in a manner consistent with part 25 of 
this chapter.

    5. Section 27.3 is amended by redesignating paragraph (e) as 
paragraph (f), paragraphs (f), (g), and (h) as paragraphs (k), (l), and 
(m), and by adding paragraphs (e), (g), (h), (i), (j) and (n) to read 
as follows:

[[Page 3145]]

Sec. 27.3  Other applicable rule parts.

* * * * *
    (e) Part 15. This part sets forth the requirements and conditions 
applicable to certain radio frequency devices.
* * * * *
    (g) Part 20. This part sets forth the requirements and conditions 
applicable to commercial mobile radio service providers.
    (h) Part 21. This part sets forth rules the requirements and 
conditions applicable to point-to-point microwave services relating to 
communications common carriers.
    (i) Part 22. This part sets forth the requirements and conditions 
applicable to public mobile services.
    (j) Part 24. This part sets forth the requirements and conditions 
applicable to personal communications services.
* * * * *
    (n) Part 101. This part sets forth the requirements and conditions 
applicable to fixed microwave services.

    6. Section 27.4 is amended by adding a new definition for 
``broadcast services'', and revising the definition for ``wireless 
communications service'' in alphabetical order to read as follows:


Sec. 27.4  Terms and definitions.

* * * * *
    Broadcast services. This term shall have the same meaning as that 
for ``broadcasting'' in section 3(6) of the Communications Act of 1934, 
i.e., ``the dissemination of radio communications intended to be 
received by the public, directly or by the intermediary of relay 
stations.'' 47 U.S.C. 153(6).
* * * * *
    Wireless communications service. A radiocommunication service 
licensed pursuant to this part for the frequency bands specified in 
Sec. 27.5.

    7. Section 27.5 is amended by redesignating paragraphs (a) and (b) 
as (a)(1) and (a)(2), redesignating and revising the introductory text 
as paragraph (a) and adding paragraph (b) to read as follows:


Sec. 27.5  Frequencies.

    (a) 2305-2320 MHz and 2345-2360 MHz bands. The following 
frequencies are available for WCS in the 2305-2320 MHz and 2345-2360 
MHz bands:
* * * * *
    (b) 746-764 MHz and 776-794 MHz bands. The following frequencies 
are available for licensing pursuant to this part in the 746-764 MHz 
and 776-794 MHz bands:
    (1) Two paired channels of 1 megahertz each are available for 
assignment. Block A: 746-747 MHz and 776-777 MHz.
    (2) Two paired channels of 2 megahertz each are available for 
assignment. Block B: 762-764 MHz and 792-794 MHz.
    (3) Two paired channels of 5 megahertz each are available for 
assignment. Block C: 747-752 MHz and 777-782 MHz.
    (4) Two paired channels of 10 megahertz each are available for 
assignment. Block D: 752-762 MHz and 782-792 MHz.

    8. Section 27.6 is amended by redesignating paragraphs (a) and (b) 
as (a)(1) and (a)(2), redesignating and revising the introductory text 
as paragraph (a), and adding a new paragraph (b) to read as follows:


Sec. 27.6  Service areas.

    (a) 2305-2320 MHz and 2345-2360 MHz bands. WCS service areas for 
the 2305-2320 MHz and 2345-2360 MHz bands are Major Economic Areas 
(MEAs) and Regional Economic Area Groupings (REAGs) as defined below. 
Both MEAs and REAGs are based on the U.S. Department of Commerce's 172 
Economic Areas (EAs). See 60 FR 13114 (March 10, 1995). In addition, 
the Commission shall separately license Guam and the Northern Mariana 
Islands, Puerto Rico and the United States Virgin Islands, American 
Samoa, and the Gulf of Mexico, which have been assigned Commission-
created EA numbers 173-176, respectively. Maps of the EAs, MEAs, and 
REAGs and the Federal Register Notice that established the 172 EAs are 
available for public inspection and copying at the FCC Public Reference 
Room, Room CY-A257, 445 12th Street SW, Washington, D.C. 20554.
* * * * *
    (b) 746-764 MHz and 776-794 MHz bands. WCS service areas for the 
746-764 MHz and 776-794 MHz bands are as follows.
    (1) [Reserved]
    (2) Service areas for Blocks C and D in the 747-762 MHz and 777-792 
MHz bands are based on Economic Area Groupings (EAGs) as defined by the 
Federal Communications Commission. See 62 FR 15978 (April 3, 1997) 
extended with the Gulf of Mexico. See also 62 FR 9636 (March 3, 1997), 
in which the Commission created an additional four economic area-like 
areas for a total of 176. Maps of the EAGs and the Federal Register 
Notice that established the 172 Economic Areas (EAs) are available for 
public inspection and copying at the Reference Center, Room CY A-257, 
445 12th St., S.W., Washington, DC 20554. These maps and data are also 
available on the FCC website at www.fcc.gov/oet/info/maps/areas/.
    (i) There are 6 EAGs, which are composed of multiple EAs as defined 
in the table below:

------------------------------------------------------------------------
    Economic area groupings            Name            Economic areas
------------------------------------------------------------------------
EAG001........................  Northeast........  1-11, 54
EAG002........................  Mid-Atlantic.....  12-26, 41, 42, 44-53,
                                                    70
EAG003........................  Southeast........  27-40, 43, 69, 71-86,
                                                    88-90, 95, 96, 174,
                                                    176(part)
EAG004........................  Great Lakes......  55-68, 97, 100-109
EAG005........................  Central/Mountain.  87, 91-94, 98, 99,
                                                    110-146, 148, 149,
                                                    152, 154-159,
                                                    176(part)
EAG006........................  Pacific..........  147, 150, 151, 153,
                                                    160-173, 175
------------------------------------------------------------------------

    Note 1 to paragraph (b)(2)(i): Economic Area Groupings are 
defined by the Federal Communications Commission; see 62 FR 15978 
(April 3, 1997) extended with the Gulf of Mexico.
    Note 2 to paragraph (b)(2)(i): Economic Areas are defined by the 
Regional Economic Analysis Division, Bureau of Economic Analysis, 
U.S. Department of Commerce February 1995 and extended by the 
Federal Communications Commission, see 62 FR 9636 (March 3, 1997).

    (ii) For purposes of paragraph (b)(2)(i) of this section, EA 176 
(the Gulf of Mexico) will be divided between EAG003 (the Southeast EAG) 
and EAG005 (the Central/Mountain EAG) in accordance with the 
configuration of the Eastern/ Central and Western Planning Area 
established by the Mineral Management Services Bureau of the Department 
of the Interior (MMS). That portion of EA 176 contained in the Eastern 
and Central Planning Areas as defined by MMS will be included in

[[Page 3146]]

EAG003; that portion of EA 176 contained in the Western Planning Area 
as defined by MMS will be included in EAG005. Maps of these areas may 
be found on the following MMS website: www.gomr.mms.gov/homepg/offshore/offshore.html.

    9. Section 27.10 is added to subpart B to read as follows:


Sec. 27.10  Regulatory status.

    (a) Single authorization. Authorization will be granted to provide 
any or a combination of the following services in a single license: 
common carrier, non-common carrier, and broadcast. A licensee may 
render any kind of communications service consistent with the 
regulatory status in its license and with the Commission's rules 
applicable to that service. An applicant or licensee may submit a 
petition at any time requesting clarification of the regulatory status 
for which authorization is required to provide a specific 
communications service.
    (b) Designation of regulatory status in initial application. An 
applicant shall specify in its initial application if it is requesting 
authorization to provide common carrier, non-common carrier, or 
broadcast services, or a combination thereof.
    (c) Amendment of pending applications. The following rules apply to 
amendments of a pending application.
    (1) Any pending application may be amended to:
    (i) Change the carrier regulatory status requested, or
    (ii) Add to the pending request in order to obtain common carrier, 
non-common carrier, or broadcast status, or a combination thereof, in a 
single license.
    (2) Amendments to change, or add to, the carrier regulatory status 
in a pending application are minor amendments filed under Sec. 1.927 of 
this chapter.
    (d) Modification of license. The following rules apply to 
amendments of a license.
    (1) A licensee may modify a license to:
    (i) Change the regulatory status authorized, or
    (ii) Add to the status authorized in order to obtain a combination 
of services of different regulatory status in a single license.
    (2) Applications to change, or add to, the carrier status in a 
license are modifications not requiring prior Commission authorization. 
The licensee must notify the Commission within 30 days of the change. 
If the change results in the discontinuance, reduction, or impairment 
of an existing service, the licensee is subject to the provisions of 
Sec. 27.66.

    10. Section 27.11 is amended by adding the following sentences to 
the end of paragraph (a), by revising paragraph (b), and by adding a 
new paragraph (c) to read as follows:


Sec. 27.11  Initial authorization.

    (a) * * * Initial authorizations shall be granted in accordance 
with Sec. 27.5. Applications for individual sites are not required and 
will not be accepted, except where required for environmental 
assessments, in accordance with Secs. 1.1301 through 1.1319 of this 
chapter.
    (b) 2305-2320 MHz and 2345-2360 MHz bands. Initial authorizations 
for the 2305-2320 MHz and 2345-2360 MHz bands shall be for 10 megahertz 
of spectrum in accordance with Sec. 27.5(a).
    (1) Authorizations for Blocks A and B will be based on Major 
Economic Areas (MEAs), as specified in Sec. 27.6(a)(1).
    (2) Authorizations for Blocks C and D will be based on Regional 
Economic Area Groupings (REAGs), as specified in Sec. 27.6(a)(2).
    (c) 746-764 MHz and 776-794 MHz bands. Initial authorizations for 
the 746-764 MHz and 776-794 MHz blocks shall be for 1, 2, 5, or 10 
megahertz of spectrum in accordance with Sec. 27.5(b).
    (1) Authorizations for Block A, consisting of two paired channels 
of 1 megahertz each, will be based on those geographic areas specified 
in Sec. 27.6(b)(1).
    (2) Authorizations for Block B, consisting of two paired channels 
of 2 megahertz each, will be based on those geographic areas specified 
in Sec. 27.6(b)(1).
    (3) Authorizations for Block C, consisting of two paired channels 
of 5 megahertz each, will be based on Economic Area Groupings (EAGs), 
as specified in Sec. 27.6(b)(2).
    (4) Authorizations for Block D, consisting of two paired channels 
of 10 megahertz each, will be based on EAGs, as specified in 
Sec. 27.6(b)(2).

    11. Section 27.13 is revised to read as follows:


Sec. 27.13  License period.

    (a) 2305-2320 MHz and 2345-2360 MHz bands. Initial WCS 
authorizations for the 2305-2320 MHz and 2345-2360 MHz bands will have 
a term not to exceed ten years from the date of original issuance or 
renewal.
    (b) 747-762 MHz and 777-792 MHz bands. Initial authorizations for 
the 747-762 MHz and 777-792 MHz bands will extend until January 1, 
2014, except that a part 27 licensee commencing broadcast services, 
will be required to seek renewal of its license for such services at 
the termination of the eight-year term following commencement of such 
operations.


Sec. 27.14  [Amended]

    12. Section 27.14 is amended in paragraph (a) by removing ``ten 
years of being licensed'' and adding in its place ``the prescribed 
license term set forth in Sec. 27.13''.

    13. Section 27.15 is amended by revising paragraph (b)(4) and 
adding a new paragraph (e) to read as follows:


Sec. 27.15  Geographic partitioning and spectrum disaggregation.

* * * * *
    (b) * * *
    (4) Signal levels. For purposes of partitioning and disaggregation, 
part 27 systems must be designed so as not to exceed the signal level 
specified for the particular spectrum block in Sec. 27.55 at the 
licensee's service area boundary, unless the affected adjacent service 
area licensees have agreed to a different signal level.
* * * * *
    (e) Compliance with construction requirements. The following rules 
apply for purposes of implementing the construction requirements set 
forth in Sec. 27.14.
    (1) Partitioning. Parties to partitioning agreements have two 
options for satisfying the construction requirements set forth in 
Sec. 27.14. Under the first option, the partitioner and partitionee 
each certifies that it will independently satisfy the substantial 
service requirement for its respective partitioned area. If a licensee 
subsequently fails to meet its substantial service requirement, its 
license will be subject to automatic cancellation without further 
Commission action. Under the second option, the partitioner certifies 
that it has met or will meet the substantial service requirement for 
the entire, pre-partitioned geographic service area. If the partitioner 
subsequently fails to meet its substantial service requirement, only 
its license will be subject to automatic cancellation without further 
Commission action.
    (2) Disaggregation. Parties to disaggregation agreements have two 
options for satisfying the construction requirements set forth in 
Sec. 27.14. Under the first option, the disaggregator and disaggregatee 
each certifies that it will share responsibility for meeting the 
substantial service requirement for the geographic service area. If the 
parties choose this option and either party subsequently fails to 
satisfy its substantial service responsibility, both

[[Page 3147]]

parties' licenses will be subject to forfeiture without further 
Commission action. Under the second option, both parties certify either 
that the disaggregator or the disaggregatee will meet the substantial 
service requirement for the geographic service area. If the parties 
choose this option, and the party responsible subsequently fails to 
meet the substantial service requirement, only that party's license 
will be subject to forfeiture without further Commission action.

    14. Section 27.50 is amended by redesignating paragraphs (a) and 
(b) as paragraphs (b)(1) and (b)(2), by removing ``in the 2305-2320 MHz 
and 2345-2360 MHz bands'', each place it appears, by adding new 
paragraphs (a) and (b) introductory text, and by adding Table 1 
following paragraph (c) to read as follows:


Sec. 27.50  Power and antenna height limits.

    (a) The following power and antenna height limits apply to 
transmitters operating in the 747-762 MHz and 777-792 MHz bands:
    (1) Fixed and base stations transmitting in the 747-762 MHz band 
must not exceed an effective radiated power (ERP) of 1000 watts and an 
antenna height of 305 m height above average terrain (HAAT), except 
that antenna heights greater than 305 m HAAT are permitted if power 
levels are reduced below 1000 watts ERP in accordance with Table 1 of 
this section;
    (2) Fixed, control, and mobile stations transmitting in the 777-792 
MHz band are limited to 30 watts ERP;
    (3) Portable stations (hand-held devices) transmitting in the 777-
792 MHz band are limited to 3 watts ERP;
    (4) Maximum composite transmit power shall be measured over any 
interval of continuous transmission using instrumentation calibrated in 
terms of RMS-equivalent voltage. The measurement results shall be 
properly adjusted for any instrument limitations, such as detector 
response times, limited resolution bandwidth capability when compared 
to the emission bandwidth, etc., so as to obtain a true maximum 
composite measurement for the emission in question over the full 
bandwidth of the channel.
    (b) The following power limits apply to the 2305-2320 MHz and 2345-
2360 MHz bands:
* * * * *
    (c) * * *

   Table 1.--Permissible Power and Antenna Heights for Base and Fixed
                    Stations in the 747-762 MHz Band
------------------------------------------------------------------------
                                                               Effective
                                                                radiated
            Antenna height (AAT) in meters (feet)                power
                                                                 (ERP)
                                                                (watts)
------------------------------------------------------------------------
Above 1372 (4500)............................................         65
Above 1220 (4000) To 1372 (4500).............................         70
Above 1067 (3500) To 1220 (4000).............................         75
Above 915 (3000) To 1067 (4000)..............................        100
Above 763 (2500) To 915 (3000)...............................        140
Above 610 (2000) To 763 (2500)...............................        200
Above 458 (1500) To 610 (2000)...............................        350
Above 305 (1000) To 458 (1500)...............................        600
Up to 305 (1000).............................................       1000
------------------------------------------------------------------------


    15. Section 27.51 is revised to read as follows:


Sec. 27.51  Equipment authorization.

    (a) Each transmitter utilized for operation under this part must be 
of a type that has been authorized by the Commission under its 
certification procedure.
    (b) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.

    16. Section 27.53 is amended by revising paragraph (a) introductory 
text, redesignating paragraph (c) as paragraph (f), and adding 
paragraphs (c), (d) and (e) to read as follows:


Sec. 27.53  Emission limits.

    (a) For operations in the bands 2305-2320 MHz and 2345-2360 MHz, 
the power of any emission outside the licensee's frequency band(s) of 
operation shall be attenuated below the transmitter power (P) within 
the licensed band(s) of operation, measured in watts, by the following 
amounts:
* * * * *
    (c) For operations in the 747 to 762 MHz band, the power of any 
emission outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) within the licensed band(s) 
of operation, measured in watts, in accordance with the following:
    (1) On any frequency outside the 747 to 762 MHz band, the power of 
any emission shall be attenuated outside the band below the transmitter 
power (P) by at least 43 + 10 log (P) dB;
    (2) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, 
by a factor not less than 76 + 10 log (P) dB in a 6.25 kHz band 
segment;
    (3) Compliance with the provisions of paragraph (c)(1) of this 
section is based on the use of measurement instrumentation employing a 
resolution bandwidth of 100 kHz or greater. However, in the 100 kHz 
bands immediately outside and adjacent to the frequency block, a 
resolution bandwidth of at least 30 kHz may be employed;
    (4) Compliance with the provisions of paragraph (c)(2) of this 
section is based on the use of measurement instrumentation such that 
the reading taken with any resolution bandwidth setting should be 
adjusted to indicate spectral energy in a 6.25 kHz segment.
    (d) For operations in the 777 to 792 MHz band, the power of any 
emission outside the licensee's frequency band(s)of operation shall be 
attenuated below the transmitter power (P) within the licensed band(s) 
of operation, measured in watts, in accordance with the following:
    (1) On any frequency outside the 777 to 792 MHz band, the power of 
any emission shall be attenuated outside the band below the transmitter 
power (P) by at least 43 + 10 log (P) dB;
    (2) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, 
by a factor not less than 65 + 10 log (P) dB in a 6.25 kHz band 
segment, for mobile and portable stations transmitting in the 777 to 
792 MHz band;
    (3) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, 
by a factor not less than 76 + 10 log (P) dB in a 6.25 kHz band 
segment, for fixed stations transmitting in the 777 to 792 MHz band;
    (4) Compliance with the provisions of paragraph (d)(1) of this 
section is based on the use of measurement instrumentation employing a 
resolution bandwidth of 100 kHz or greater. However, in the 100 kHz 
bands immediately outside and adjacent to the frequency block, a 
resolution bandwidth of at least 30 kHz may be employed;
    (5) Compliance with the provisions of paragraphs (d)(2) and (d)(3) 
of this section is based on the use of measurement instrumentation such 
that the reading taken with any resolution bandwidth setting should be 
adjusted to indicate spectral energy in a 6.25 kHz segment.
    (e) For operations in the 747-762 MHz and 777-792 MHz bands, 
emissions in the band 1559-1610 MHz shall be limited to -70 dBW/MHz 
equivalent isotropically radiated power

[[Page 3148]]

(EIRP) for wideband signals, and -80 dBW EIRP for discrete emissions of 
less than 700 Hz bandwidth. For the purpose of equipment authorization, 
a transmitter shall be tested with an antenna that is representative of 
the type that will be used with the equipment in normal operation.
* * * * *
    17. Section 27.55 is revised to read as follows:


Sec. 27.55  Field strength limits.

    The predicted or measured median field strength at any location on 
the geographical border of a part 27 service area shall not exceed the 
value specified for the following bands, unless the adjacent affected 
service area licensees agree to a different field strength. This value 
applies to both the initially offered service areas and to partitioned, 
service areas.
    (a) 2305-2320 and 2345-2360 MHz bands: 47 dBuV/m.
    (b) 747-762 and 777-792 MHz bands: 40 dBuV/m.
    18. Section 27.60 is added to read as follows:


Sec. 27.60  TV/DTV interference protection criteria.

    Base, fixed, control, and mobile transmitters in the 747-762 MHz 
and 777-792 MHz frequency bands must be operated only in accordance 
with the rules in this section to reduce the potential for interference 
to public reception of the signals of existing TV and DTV broadcast 
stations transmitting on TV Channels 59 through 68.
    (a) D/U ratios. Licensees must choose site locations that are a 
sufficient distance from co-channel and adjacent channel TV and DTV 
stations, and/or must use reduced transmitting power or transmitting 
antenna height such that the following minimum desired signal-to-
undesired signal ratios (D/U ratios) are met.
    (1) The minimum D/U ratio for co-channel stations is 40 dB at the 
hypothetical Grade B contour (64 dB<greek-m>V/m) (88.5 kilometers (55 
miles)) of the TV station or 17 dB at the equivalent Grade B contour 
(41 dB<greek-m>V/m) (88.5 kilometers (55 miles)) of the DTV station.
    (2) The minimum D/U ratio for adjacent channel stations is 0 dB at 
the hypothetical Grade B contour (64 dB<greek-m>V/m) (88.5 kilometers 
(55 miles)) of the TV station or -23 dB at the equivalent Grade B 
contour (41 dB<greek-m>V/m) (88.5 kilometers (55 miles)) of the DTV 
station.
    (b) TV stations and calculation of contours. The methods used to 
calculate TV contours and antenna heights above average terrain are 
given in Secs. 73.683 and 73.684 of this chapter. Tables to determine 
the necessary minimum distance from the 747-762 MHz or 777-792 MHz 
station to the TV/DTV station, assuming that the TV/DTV station has a 
hypothetical or equivalent Grade B contour of 88.5 kilometers (55 
miles), are located in Sec. 90.309 of this chapter and labeled as 
Tables B, D, and E. Values between those given in the tables may be 
determined by linear interpolation. The locations of existing and 
proposed TV/DTV stations during the period of transition from analog to 
digital TV service are given in Part 73 of this chapter and in the 
final proceedings of MM Docket No. 87-268. The DTV allotments on 
Channels 60 through 68 are:

----------------------------------------------------------------------------------------------------------------
               State                          City           NTSC TV Ch.    DTV Ch.      ERP (kW)     HAAT (m.)
----------------------------------------------------------------------------------------------------------------
California.........................  Concord...............           42           63          61            856
California.........................  Long Beach............           18           61         413.6          725
California.........................  Los Angeles...........            2           60         865.9         1107
California.........................  Los Angeles...........           11           65         688.7          896
California.........................  Los Angeles...........           13           66         679.7          899
California.........................  Riverside.............           62           68         180.1          723
California.........................  Sacramento............           10           61        1000            595
California.........................  Stockton..............           64           62          63.5          874
New Jersey.........................  Newark................           13           61         198.7          500
New Jersey.........................  Vineland..............           65           66         107.8          280
Pennsylvania.......................  Allentown.............           39           62          50            302
Pennsylvania.......................  Philadelphia..........            6           64        1000            332
Pennsylvania.......................  Philadelphia..........           10           67         791.8          354
Puerto Rico........................  Aguada................           50           62          50.1          343
Puerto Rico........................  Arecibo...............           60           61          55            242
Puerto Rico........................  Mayaguez..............           16           63          50.1          347
Puerto Rico........................  Naranjito.............           64           65          50.1          142
Puerto Rico........................  Ponce.................            7           66         407.4          826
Wisconsin..........................  Milwaukee.............           18           61         519.8          307
----------------------------------------------------------------------------------------------------------------

    Note: DTV stations on Channel 59 must be considered even though 
they are not indicated in the above table. The transition period is 
scheduled to end on December 31, 2006. After that time, unless 
otherwise directed by the Commission, 747-762 MHz and 777-792 MHz 
stations will no longer be required to protect reception of co-
channel or adjacent channel TV/DTV stations.

    (1) Licensees of stations operating within the ERP and HAAT limits 
of Sec. 27.50 must select one of three methods to meet the TV/DTV 
protection requirements, subject to Commission approval:
    (i) Utilize the geographic separation specified in the tables 
referenced below;
    (ii) Submit an engineering study justifying the proposed 
separations based on the actual parameters of the land mobile station 
and the actual parameters of the TV/DTV station(s) it is trying to 
protect; or,
    (iii) Obtain written concurrence from the applicable TV/DTV 
station(s). If this method is chosen, a copy of the agreement must be 
submitted with the application.
    (2) The following is the method for geographic separations.
    (i) Base and fixed stations that operate in the 747-762 MHz band 
having an antenna height (HAAT) less than 152 m. (500 ft.) shall afford 
protection to co-channel and adjacent channel TV/DTV stations in 
accordance with the values specified in Table B (co-channel frequencies 
based on 40 dB protection) and Table E (adjacent channel frequencies 
based on 0 dB protection) in Sec. 90.309 of this chapter. For base and 
fixed stations having an antenna height (HAAT) between 152-914 meters 
(500-3,000 ft.) the effective radiated power must be reduced below 1 
kilowatt in accordance with the values shown in the power reduction 
graph in Figure B in Sec. 90.309 of this chapter. For heights of more 
than 152 m. (500 ft.) above average terrain, the distance to the radio 
path horizon will be calculated assuming smooth earth. If the distance 
so determined equals or exceeds the distance to the hypothetical or 
equivalent Grade B contour of a co-channel TV/DTV station (i.e., it 
exceeds the distance from the appropriate Table in Sec. 90.309 of this 
chapter to the

[[Page 3149]]

relevant TV/DTV station), an authorization will not be granted unless 
it can be shown in an engineering study (see paragraph (b)(1)(ii) of 
this section) that actual terrain considerations are such as to provide 
the desired protection at the actual Grade B contour (64 dB<greek-m>V/m 
for TV and 41 dB<greek-m>V/m for DTV stations) or unless the effective 
radiated power will be further reduced so that, assuming free space 
attenuation, the desired protection at the actual Grade B contour (64 
dB<greek-m>V/m for TV and 41 dB<greek-m>V/m coverage contour for DTV 
stations) will be achieved. Directions for calculating powers, heights, 
and reduction curves are listed in Sec. 90.309 of this chapter for land 
mobile stations. Directions for calculating coverage contours are 
listed in Secs. 73.683-685 of this chapter for TV stations and in 
Sec. 73.625 of this chapter for DTV stations.
    (ii) Control, fixed, and mobile stations (including portables) that 
operate in the 777-792 MHz band are limited in height and power and 
therefore shall afford protection to co-channel and adjacent channel 
TV/DTV stations in accordance with the values specified in Table D (co-
channel frequencies based on 40 dB protection for TV stations and 17 dB 
for DTV stations) in Sec. 90.309 of this chapter and a minimum distance 
of 8 kilometers (5 miles) from all adjacent channel TV/DTV station 
hypothetical or equivalent Grade B contours (adjacent channel 
frequencies based on 0 dB protection for TV stations and -23 dB for DTV 
stations). Since control, fixed, and mobile stations may affect 
different TV/DTV stations than the associated base or fixed station, 
particular care must be taken by applicants/licensees to ensure that 
all appropriate TV/DTV stations are considered (e.g. a base station may 
be operating within TV Channel 62 and the mobiles within TV Channel 67, 
in which case TV Channels 61, 62, 63, 66, 67 and 68 must be protected). 
Control, fixed, and mobile stations shall keep a minimum distance of 
96.5 kilometers (60 miles) from all adjacent channel TV/DTV stations. 
Since mobiles and portables are able to move and communicate with each 
other, licensees must determine the areas where the mobiles can and 
cannot roam in order to protect the TV/DTV stations.
    (iii) In order to protect certain TV/DTV stations and to ensure 
protection from these stations which may have extremely large contours 
due to unusual height situations, an additional distance factor must be 
used by all base, fixed, control, and mobile stations. For all co-
channel and adjacent channel TV/DTV stations which have an HAAT between 
350 and 600 meters, licensees must add the following DISTANCE FACTOR to 
the value obtained from the referenced Tables in Sec. 90.309 of this 
chapter and to the distance for control, fixed, and mobile stations on 
adjacent TV/DTV channels (96.5 km).
    DISTANCE FACTOR = (TV/DTV HAAT - 350) <divide> 14 in kilometers, 
where HAAT is the TV or DTV station antenna height above average 
terrain obtained from its authorized or proposed facilities, whichever 
is greater.
    (iv) For all co-channel and adjacent channel TV/DTV stations which 
have an antenna height above average terrain greater than 600 meters, 
licensees must add 18 kilometers as the DISTANCE FACTOR to the value 
obtained from the referenced Tables in Sec. 90.309 of this chapter and 
to the distance for control, fixed, and mobile stations on adjacent TV/
DTV channels (96.5 km).

    Note to Sec. 27.60: The 88.5 km (55 mi) Grade B service contour 
(64 dB<greek-m>V/m) is based on a hypothetical TV station operating 
at an effective radiated power of one megawatt, a transmitting 
antenna height above average terrain of 610 meters (2000 feet) and 
the Commission's R-6602 F(50,50) curves. See Sec. 73.699 of this 
chapter. Maximum facilities for TV stations operating in the UHF 
band are 5 megawatts effective radiated power at an antenna HAAT of 
610 meters (2,000 feet). See Sec. 73.614 of this chapter. The 
equivalent contour for DTV stations is based on a 41 dB<greek-m>V/m 
signal strength and the distance to the F (50,90) curve. See 
Sec. 73.625 of this chapter.

    19. Section 27.66 is added to read as follows:


Sec. 27.66  Discontinuance, reduction, or impairment of service.

    (a) Involuntary act. If the service provided by a fixed common 
carrier licensee is involuntarily discontinued, reduced, or impaired 
for a period exceeding 48 hours, the licensee must promptly notify the 
Commission, in writing, as to the reasons for discontinuance, 
reduction, or impairment of service, including a statement when normal 
service is to be resumed. When normal service is resumed, the licensee 
must promptly notify the Commission.
    (b) Voluntary act by common carrier. If a fixed common carrier 
licensee voluntarily discontinues, reduces, or impairs service to a 
community or part of a community, it must obtain prior authorization as 
provided under Sec. 63.71 of this chapter. An application will be 
granted within 30 days after filing if no objections have been 
received.
    (c) Voluntary act by non-common carrier. If a fixed non-common 
carrier licensee voluntarily discontinues, reduces, or impairs service 
to a community or part of a community, it must give written notice to 
the Commission within seven days.
    (d) Notifications and requests. Notifications and requests 
identified in paragraphs(a) through (c) of this section should be sent 
to: Federal Communications Commission, Common Carrier Radio Services, 
1270 Fairfield Road, Gettysburg, Pennsylvania, 17325.


Sec. 27.308  [Amended]

    20. Section 27.308 is amended by removing the phrase ``WCS (see 
subparts C and D of this part as appropriate)'' and adding in its place 
the phrase ``applicable frequency band (see subparts C, D, and F of 
this part, as appropriate)''.

    21. Part 27 is amended by adding subpart F to read as follows:

Subpart F--Competitive Bidding Procedures for the 747-762 MHz and 
777-792 MHz Bands

Sec. 27.501  747-762 MHz and 777-792 MHz bands subject to 
competitive bidding.
Sec. 27.502  Designated entities.

Subpart F--Competitive Bidding Procedures for the 747-762 MHz and 
777-792 MHz Bands


Sec. 27.501  747-762 MHz and 777-792 MHz bands subject to competitive 
bidding.

    Mutually exclusive initial applications for licenses in the 747-762 
MHz and 777-792 MHz bands are subject to competitive bidding 
procedures. The procedures set forth in part 1, subpart Q, of this 
chapter will apply unless otherwise provided in this part.


Sec. 27.502  Designated entities.

    (a) Eligibility for small business provisions.
    (1) A small business is an entity that, together with its 
controlling interests and affiliates, has average gross revenues not 
exceeding $40 million for the preceding three years.
    (2) A very small business is an entity that, together with its 
controlling interests and affiliates, has average gross revenues not 
exceeding $15 million for the preceding three years.
    (3) For purposes of determining whether an entity meets either of 
the definitions set forth in paragraphs (a)(1) and (a)(2) of this 
section, the gross revenues of the entity, its controlling interests 
and affiliates shall be considered on a cumulative basis and 
aggregated. An applicant seeking status as a small business or very 
small business under this section must disclose on its short-and long-
form applications, separately and in the aggregate, the gross revenues 
of the

[[Page 3150]]

applicant (or licensee), its controlling interests and affiliates for 
each of the previous three years.
    (4) Persons or entities that hold interests in an applicant (or 
licensee) that are affiliates of each other or have an identity of 
interests identified in Sec. 1.2110(b)(4)(iii) of this chapter will be 
treated as though they were one person or entity and their ownership 
interests aggregated for purposes of determining an applicant's (or 
licensee's) compliance with the requirements of this section.
    (5) Where an applicant (or licensee) cannot identify controlling 
interests under the standards set forth in this section, the gross 
revenues of all interest holders in the applicant, and their 
affiliates, will be attributable.
    (6) A consortium of small businesses (or a consortium of very small 
businesses) is a conglomerate organization formed as a joint venture 
between or among mutually independent business firms, each of which 
individually satisfies the definition in paragraph (a)(1) of this 
section (or each of which individually satisfies the definition in 
paragraph (a)(2) of this section). Where an applicant or licensee is a 
consortium of small businesses (or very small businesses), the gross 
revenues of each small business (or very small business) shall not be 
aggregated.
    (7) Designated entities must describe on their long-form 
applications how they satisfy the requirements for eligibility for 
designated entity status, and must list and summarize on their long-
form applications all agreements that affect designated entity status 
such as partnership agreements, shareholder agreements, management 
agreements and other agreements, including oral agreements, 
establishing, as applicable, de facto or de jure control of the entity. 
Such information must be maintained at the licensee's facilities or by 
its designated agent for the term of the license in order to enable the 
Commission to audit designated entity eligibility on an ongoing basis.
    (b) Controlling interest.
    (1) For purposes of this section, a controlling interest includes 
individuals or entities with either de jure or de facto control of the 
applicant. De jure control is evidenced by holdings of greater than 50 
percent of the voting stock of a corporation, or in the case of a 
partnership, general partnership interests. De facto control is 
determined on a case-by-case basis. An entity must disclose its equity 
interest and demonstrate at least the following indicia of control to 
establish that it retains de facto control of the applicant:
    (i) The entity constitutes or appoints more than 50 percent of the 
board of directors or management committee;
    (ii) The entity has authority to appoint, promote, demote, and fire 
senior executives that control the day-to-day activities of the 
licensee; and
    (iii) The entity plays an integral role in management decisions.
    (2) The following rules apply for the calculation of certain 
interests.
    (i) Ownership interests shall be calculated on a fully diluted 
basis; all agreements such as warrants, stock options, and convertible 
debentures will generally be treated as if the rights thereunder 
already have been fully exercised.
    (ii) Partnership and other ownership interests and any stock 
interest equity, or outstanding stock or outstanding voting stock shall 
be attributed as specified below.
    (iii) Stock interests held in trust shall be attributed to any 
person who holds or shares the power to vote such stock, to any person 
who has the sole power to sell such stock, and to any person who has 
the right to revoke the trust at will or to replace the trustee at 
will. If the trustee has a familial, personal, or extra-trust business 
relationship to the grantor or the beneficiary, the stock interests 
held in trust will be attributed to the grantor or beneficiary, as 
appropriate.
    (iv) Non-voting stock shall be attributed as an interest in the 
issuing entity.
    (v) Limited partnership interests shall be attributed to limited 
partners and shall be calculated according to both the percentage of 
equity paid in and the percentage of distribution of profits and 
losses.
    (vi) Officers and directors of an entity shall be considered to 
have an attributable interest in the entity. The officers and directors 
of an entity that controls a licensee or applicant shall be considered 
to have an attributable interest in the licensee or applicant.
    (vii) Ownership interests that are held indirectly by any party 
through one or more intervening corporations will be determined by 
successive multiplication of the ownership percentages for each link in 
the vertical ownership chain and application of the relevant 
attribution benchmark to the resulting product, except that if the 
ownership percentage for an interest in any link in the chain exceeds 
50 percent or represents actual control, it shall be treated as if it 
were a 100 percent interest.
    (viii) Any person who manages the operations of an applicant or 
licensee pursuant to a management agreement shall be considered to have 
a controlling interest in such applicant or licensee if such person, or 
its affiliate, has authority to make decisions or otherwise engage in 
practices or activities that determine, or significantly influence:
    (A) The nature or types of services offered by such an applicant or 
licensee;
    (B) The terms upon which such services are offered; or
    (C) The prices charged for such services.
    (ix) Any licensee or its affiliate who enters into a joint 
marketing arrangement with an applicant or licensee, or its affiliate, 
shall be considered to have a controlling interest, if such applicant 
or licensee, or its affiliate, has authority to make decisions or 
otherwise engage in practices or activities that determine, or 
significantly influence:
    (A) The nature or types of services offered by such an applicant or 
licensee;
    (B) The terms upon which such services are offered; or the prices 
charged for such services.
    (c) Bidding credits. A winning bidder that qualifies as a small 
business or a consortium of small businesses as defined in this section 
may use the bidding credit specified in Sec. 1.2110(e)(2)(iii) of this 
chapter. A winning bidder that qualifies as a very small business or a 
consortium of very small businesses as defined in this section may use 
the bidding credit specified in Sec. 1.2110(e)(2)(ii) of this chapter.

[FR Doc. 00-1332 Filed 1-19-00; 8:45 am]
BILLIING CODE 6712-01-P