Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Proposed Rules 38333

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 24, 25, 74, 78, 90 and 101

[WT Docket No. 00–19; RM–9418; FCC 00–

33]

Point-to-Point and Point-to-Multipoint

Common Carrier and Private

Operational Fixed Microwave Rules

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: In this document, the

Commission proposes to eliminate

regulations that are duplicative,

outmoded, or otherwise unnecessary.

Similarly, the Commission proposes to

consolidate and/or streamline rules

concerning wireless radio services to

remove duplication. We seek to further

the work begun by the consolidation of

parts 21 and 94 into a single part 101

Order in our implementation of a

Universal Licensing System (ULS) for

wireless application. The new

consolidated part 101 reduces or

eliminates the differences in processing

applications from common carriers and

private operational fixed microwave

service licensees, and furthers

regulatory parity between these

microwave services.

Once fully deployed, the ULS will

eliminate the need for wireless carriers

to file duplicative applications, and will

increase the accuracy and reliability of

licensing information.

DATES: Comments are due July 20, 2000.

Reply Comment August 4, 2000.

Comments to be filed in WT Docket No.

00–19 and RM–9418 only.

ADDRESSES: Send comments to the

Office of the Secretary, a copy of any

comments on the information

collection(s) contained herein should be

submitted to Judy Boley, Federal

Communications Commission, Room 1-

C804, 445 12th Street, SW, Washington,

DC 20554, or via the Internet to

jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT:

Michael J. Pollak, Policy and Rules

Branch, Public Safety and Private

Wireless Division, Wireless

Telecommunications Bureau at (202)

418–0680.

SUPPLEMENTARY INFORMATION:

1. This is a summary of the

Commission’s Notice of Proposed Rule

Making, FCC 00–33 in WT Docket No.

00–19, adopted February 2, 2000, and

released on February 14, 2000. The full

text of this Notice of Proposed Rule

Makingis available for inspection and

copying during normal business hours

in the FCC Reference Center, Room CY–

A257, 445 12th Street, SW, Washington,

DC. The complete text may be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., 1231 20th Street, NW,

Washington, DC 20037. The full text

may also be downloaded at:

www.fcc.gov. /Bureaus/Wireless/Orders/

2000/FCC0033.doc/FCC0033.txt/

FCC0033a.doc/FCC0033a.txt.

Alternative formats are available to

persons with disabilities by contacting

Martha Contee at (202) 418–0260 or

TTY (202) 418–2555.

Summary of the Notice of Proposed

Rule Making

2. Specifically, we seek comment on

the following issues:

• Grandfathering certain POFS

licensees who formerly carried private

traffic now classified as common carrier

traffic, or eliminating the prohibition on

POFS licensees offering common carrier

services;

• Revising parts 74, 78, 90, and 101

for shared use of certain frequency

bands;

• Removing several unnecessary or

redundant sections of the rules

concerning forms, notifications, and

technical standards;

• Clarifying conditional operations in

the four low power frequency pairs in

the 23 GHz band in § 101.31(b)(vii);

• Updating the transmitter frequency

tolerance table in§ 101.107, and

correcting and clarifying other minor

technical rules;

• Allowing conditional operation in

the 952.95–956.15 and 956.55–959.75

MHz bands.

3. We note that some of the proposed

rule changes are procedural in nature,

and thus are exempt from notice and

comment requirements pursuant to

section 553(b)(3)(A) of the

Administrative Procedure Act.

However, as a result of the

consolidation of parts 21 and 94, we

realize that the combination of common

carrier and private microwave rules and

procedures requires a period of

adjustment. We believe that this

approach will afford the public an

opportunity to provide feedback on how

these adjustments are succeeding or

failing.

4. We also address a Petition for

Rulemaking filed by the

Telecommunications Industry

Association (TIA). The TIA Petition

focuses on permitting conditional

authorization in the 23 GHz band,

making the 23 GHz band more

accessible to fixed service users, and

modifying antenna standards for the 10

GHz and 23 GHz bands to allow for

more hops and longer paths. TIA also

proposes rule changes to part 74,

Television Broadcast Auxiliary Service,

to permit transport of digital

transmissions over point-to-point

microwave frequencies in that service.

We seek comment on the following

proposals regarding the 23 GHz band:

• Permitting conditional licensing;

• Rechannelizing the band into 50,

40, 30, 20, 10, 5, and 2.5 MHz channels;

• Permitting common carrier and

POFS users to share the entire band;

• Changing the frequency tolerance to

0.001%;

• Requiring spectrum efficiency of

one bit-per-second per Hertz (1 bps/Hz);

• Designating 200 MHz for low

power, limited coverage systems;

• Modifying the antenna standards.

We also seek comment regarding

modifying the antenna standards in the

10 GHz band.

5. In addition, we seek comment

regarding whether, and how, our

licensing approach in part 101 should

be modified to implement the Balanced

Budget Act of 1997 (Balanced Budget

Act). We seek input on the best

licensing structure to ensure that

spectrum above the 2 GHz band is

licensed efficiently and used in the

public interest, including the following

issues regarding whether we should

substantially alter microwave licensing

above 2 GHz in light of the Balanced

Budget Act:

We present several options for

reinventing the licensing process for

part 101 spectrum consistent with our

auction procedures.

• We request comment on how to

segregate exempted spectrum from the

auctions process.

• We request comment on whether to

require the licensees where we use

geographic licensing to develop

agreements between each other on how

to utilize their spectrum, especially

along the boundaries between areas

and/or where there is line-of-sight into

another area, to achieve the most

efficient and effective use in each

geographic area.

• We request comment about the

possible technologies for terrestrial

microwave users concerning a new

proposal for frequency reuse in the

12.2.–12.7 GHz band.

• We request comment on whether it

is appropriate to forbear from enforcing

any provision of the Communications

Act of 1934, as amended, or the

Commission’s rules with respect to part

101 services.

In addition, we issued a Notice of

Proposed Rule Making seeking comment

on how to implement the Balanced

Budget Act generally, but we did not

38334 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Proposed Rules

specifically address fixed microwave

services in that proceeding. We will

consider the record in both proceedings

in deciding whether or how part 101

should be modified to conform to the

Balanced Budget Act.

Initial Regulatory Flexibility Analysis

6. As required by Section 603 of the

Regulatory Flexibility Act, the

Commission has prepared an Initial

Regulatory Flexibility Analysis (IRFA)

of the expected impact on small entities

of the policies and rules proposed in

this Notice of Proposed Rule Making

(Notice). Written public comments are

requested on the IRFA. Comments must

be identified as responses to the IRFA

and must be filed by the deadlines for

comments on the Notice.

I. Need for and Objectives of the

Proposed Rules

This rulemaking is being initiated to

apply certain licensing and service rules

to new and existing fixed microwave

licensees under part 101 of the

Commission’s rules for the purpose of

streamlining application preparation

and processing time for the Commission

and the industry. Our objectives are (1)

to clarify the existing rules so they are

easier to understand; (2) to facilitate the

awarding of licenses to entities in a

quicker manner; and (3) to eliminate

unnecessary regulation.

II. Legal Basis

The proposed action is authorized

under the Administrative Procedure

Act, 5 U.S.C. 553; and sections 1, 4(i),

7, 301, 303, 308, and 309(j) of the

Communications Act of 1934, as

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

301, 303, 308, and 309(j).

III. Description and Estimate of the

Number of Small Entities to Which the

Proposed Rules Will Apply

The proposed rules would affect all

common carrier and private operational

fixed microwave licensees who are

authorized under part 101 of the

Commission’s rules. The Commission

has not developed a definition of small

entities applicable to these licensees.

Therefore, the applicable definition of

small entity is the definition under the

Small Business Administration (SBA)

rules for the radiotelephone industry,

which provides that a small entity is a

radiotelephone company employing

fewer than 1,500 persons. The 1992

Census of Transportation,

Communications, and Utilities,

conducted by the Bureau of the Census,

which is the most recent information

available, shows that only 12

radiotelephone firms out of a total of

1,178 such firms which operated during

1992 had 1,000 or more employees. It is

our understanding that these rule

change will affect less than 1000

entities, but that the effect will be to

lessen time and input and thereby any

costs associated with processing the

applications. We seek comment on this

analysis. In providing such comment,

commenters are requested to provide

information regarding how many total

and small business entities would be

affected.

IV. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

Under the proposals contained in the

Notice, we are not changing or are

reducing the amount of reporting,

recordkeeping, and other compliance

requirements. Applicants for licenses

will be required to submit applications

on FCC Form 601 to the Wireless

Telecommunications Bureau as they do

now. We request comment on how these

requirements can be modified to reduce

the burden on small entities and still

meet the objectives of the proceeding.

V. Significant Alternatives Minimizing

the Impact on Small Entities Consistent

With the Stated Objectives

We have reduced burdens wherever

possible. The regulatory burdens we

have retained, such as filing

applications on appropriate forms, are

necessary in order to ensure that the

public receives the benefits of new and

existing services in a prompt and

efficient manner. We will continue to

examine alternatives in the future with

the objectives of eliminating

unnecessary regulations and minimizing

and significant economic impact on

small entities. We seek comment on

significant alternatives commenters

believe we should adopt.

Federal rules that overlap, duplicate,

or conflict with these proposed rules.

None.

VI. Paperwork Reduction Analysis

This Notice of Proposed Rule Making

contains either a proposed information

collection. As part of our continuing

effort to reduce paperwork burdens, we

invite the general public and the Office

of Management and Budget (OMB) to

take this opportunity to comment on the

information collections contained in

this Notice, as required by the

Paperwork Reduction Act of 1995,

Public Law No. 104–13. Public and

agency comments are due at the same

time as other comments on this Notice

of Proposed Rule Making; OMB

comments are due 60 days from the date

of publication of this Notice of Proposed

Rule Making in the Federal Register.

Comments should address:

• Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility.

• The accuracy of the Commission’s

burden estimates.

• Ways to enhance the quality, utility,

and clarity of the information collected.

• Ways to minimize the burden of

the collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

Ordering Clauses

7. The authority contained in sections

1, 4(i), 7, 301, 303, 308, and 309(j) of the

Communications Act of 1934, as

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

157, 161, 301, 303, 308, 332(a), and

332(c), this Notice of Proposed Rule

Making in WT Docket No. 00–19 is

adopted.

8. The Commission’s Office of Public

Affairs, Reference Operations Division,

shall send a copy of this Notice of

Proposed Rule Making, including the

Initial Regulatory Flexibility Analyses,

to the Chief Counsel for Advocacy of the

Small Business Administration.

List of Subjects in 47 CFR Parts 24, 25,

74, 78, 90 and 101

Communications equipment, Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–14902 Filed 6–19–00; 8:45 am]

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