[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Proposed Rules]
[Pages 20494-20499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7796]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 101

[WT Docket No. 07-54; RM-11043; FCC 07-38]


Amendment of the Commission's Rules To Modify Antenna 
Requirements for the 10.7-11.7 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, we seek comment on modifying the 
Commission's Rules to permit the installation of smaller antennas by 
Fixed Service (FS) operators in response to a petition for rulemaking 
filed by FiberTower, Inc. (FiberTower). In particular, we seek comment 
on whether these modifications would serve the public interest by 
facilitating the efficient use of the 11 GHz band while protecting 
other users in the band from interference due to the use of smaller 
antennas.

DATES: Comments must be filed on or before May 25, 2007, and reply 
comments must be filed on or before June 11, 2007.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. You may submit comments, identified by WT Docket 
No. 07-54, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#b5f3f6f6808581f5d3d6d69bd2dac3"><span class="__cf_email__" data-cfemail="266065651316126640454508414950">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Brian Wondrack at 202-418-2487.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of

[[Page 20495]]

Proposed Rule Making, released March 27, 2007. The complete text of 
this document, including attachments and related Commission documents, 
is available for inspection and copying during normal business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street, SW., 
Washington, DC 20554. The complete text of the Notice of Proposed 
Rulemaking and related Commission documents may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th 
Street, SW., Room, CY-B402, Washington, DC 20554, telephone 202-488-
5300, facsimile 202-488-5563, or you may contact BCPI at its Web site 
http://www.BCPIWEB.com. When ordering documents from BCPI please 
provide the appropriate FCC document number, for example, FCC 07-38. 
The Notice of Proposed Rulemaking is available on the Commission's Web 
site: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-38A1.doc.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
    <bullet> For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to <a href="/cdn-cgi/l/email-protection#fc999f9a8fbc9a9f9fd29b938a"><span class="__cf_email__" data-cfemail="b8dddbdecbf8dedbdb96dfd7ce">[email protected]</span></a>, and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    <bullet> The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
    <bullet> Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7c1a1f1f494c483c1a1f1f521b130a">[email protected]</a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

I. Summary of Notice of Proposed Rulemaking

    1. In the Notice of Proposed Rule Making (NPRM), the Commission, in 
response to a petition filed by FiberTower, Inc., initiates a 
rulemaking proceeding to establish a full record and determine whether 
to adopt modifications to part 101 of the Commission's Rules to permit 
the installation of smaller antennas by Fixed Service (FS) operators in 
the 10.7-11.7 GHz (11 GHz) band. Specifically, the NPRM seeks comment 
on whether the proposed rule modifications to the antenna standards and 
coordination procedures in part 101 serve the public interest by 
facilitating the efficient use of the 11 GHz band while protecting 
other users in the band from interference due to the use of smaller 
antennas.
    2. Background. The 11 GHz band is allocated within the United 
States on a co-primary basis to the Fixed Services (FS), licensed under 
part 101 of the Commission's Rules, 47 CFR part 101, and to the Fixed 
Satellite Service (FSS), licensed under part 25 of the Commission's 
Rules, 47 CFR part 25. Specifically, in the United States, the 11 GHz 
band is used by the FS for Local Television Transmission Service 
(LTTS), Private Operational Fixed Point to Point Microwave, and Common 
Carrier Fixed Point-to-Point Microwave operations. Although the 11 GHz 
band is allocated internationally for FSS on a primary basis, the use 
of the FSS downlink band at 11 GHz is limited, within the United 
States, to international systems, i.e., other than domestic systems, 
pursuant to 47 CFR 2.106 NG104. The Commission's purpose in adopting 
such a restriction was to protect incumbent microwave operations and 
licensees in the 11 GHz band.
    3. On July 14, 2004, FiberTower filed a petition for rulemaking 
proposing amendments to the antenna standards and coordination 
procedures governing the use microwave antennas in the 11 GHz band in 
order to maximize the efficient use of the spectrum. The antenna 
standards, which are set-forth in 47 CFR 101.115(b), are designed to 
maximize the use of microwave spectrum, including the 11 GHz band, 
while avoiding interference between operators and other users in the 
band. FiberTower proposed changes to those parameters that would permit 
the use of FS antennas with reduced mainbeam gain, increased beamwidth, 
and modified sidelobe suppression in the 11 GHz band, thereby 
effectively permitting the use of 0.61 meter antennas as an optional 
alternative to the 1.22 meter antennas that meet the existing technical 
parameters for FS in the 11 GHz band. The coordination procedures, 
which are set-forth in 47 CFR 101.103, exist to establish interference 
standards applicable to the operation of FS antennas in the 11 GHz 
band. FiberTower proposed amendments to the coordination procedures to 
protect other users in the 11 GHz band from experiencing any greater 
interference from a FS licensee's use of a 0.61 meter antenna than 
would be experienced if the FS licensee were using a 1.22 meter 
antenna.
    4. Need for the Rule Changes. In the NPRM, the Commission concludes 
that the public interest would be served by initiating a proceeding to 
consider the possibility of modifying the Commission's Rules to permit 
the installation of 0.61 meter antennas in the 11 GHz band. The 
Commission finds that review the technical specifications for the 11 
GHz band is appropriate at this time. The Commission notes that the 
specifications that limit the size of

[[Page 20496]]

FS antennas in the 11 GHz band reflect the technical sophistication of 
the communications equipment and the needs of the various users of the 
band at the time that the rules were adopted. The Commission further 
notes that it adopted similar technical specifications that effectively 
limited the size of antennas used in other bands, including those used 
by satellite, but has since reconsidered many of those antenna 
specifications in light of the technological evolution of 
communications equipment.
    5. The Commission tentatively concludes that the shared nature of 
the 11 GHz band does not preclude the Commission from facilitating the 
efficient use of the 11 GHz band by permitting FS users to erect 0.61 
meter antennas while appropriately protecting other users in the band 
from harmful interference associated with the use of smaller antennas. 
The Commission explained in the NPRM that, although the 11 GHz band is 
shared on a co-primary basis with the FSS, domestic use of the 11 GHz 
band by the FSS has been limited, to date, because the Commission has 
sought to protect the use and expansion of terrestrial microwave 
services within the band. The Commission emphasized that its Rules 
explicitly limit satellite use of the 11 GHz band to international 
systems and that the Commission's intent and effect in adopting 
footnote NG104 was to limit the expansion of FSS in the 11 GHz band and 
protect the future use of the band for FS. However, the Commission 
invites comments on its tentative conclusion.
    6. Antenna Standards. Antenna standards are designed to maximize 
the use of microwave spectrum, including the 11 GHz band, while 
avoiding interference between operators and other users in the band. 
The Commission recognizes that the proposed use of smaller, lower-gain 
antennas will result in more radio frequency energy being transmitted 
in directions away from the actual point-to-point link on account of 
the relaxed radiation suppression on angles away from the centerline of 
the main beam as well as because users of 0.61 meter antennas will have 
to transmit with approximately 4.5 dB more power in order to overcome 
the reduced main beam gain. The Commission seeks to ensure that any 
proposed changes to the Commission's Rules appropriately protect other 
users in the band from interference due to the operation of 0.61 meter 
antennas. The NPRM seeks comment on whether the use of 0.61 meter 
antennas by FS licensees in the 11 GHz band will adversely affect other 
users in the band by increasing the risk of interference. The 
Commission seeks specific comment on the ``White Paper Report on 
Proposed Changes to Small Antenna Standards in the 11 GHz Band'' 
submitted by Alcatel in support of the FiberTower Petition because it 
suggests that the impact of deploying 0.61 meter antennas in the 11 GHz 
band will be minimal. The Commission also requests that parties comment 
on the extent to which the rules proposed by FiberTower mitigate or 
obviate interference concerns, or propose additional options to 
mitigate interference, such as a power or EIRP tradeoff.
    7. In addition to seeking comments on interference issues 
generally, the Commission also seeks comment on specific interference 
issues. For example, the Commission inquires whether an earth station 
operator could face a situation in which it experiences harmful 
interference as a result of the aggregate effect of several nearby FS 
antennas, even if each antenna standing alone would not create a 
problem. The Commission asks parties to comment on whether the use of 
0.61 meter antennas by FS licensees in the 11 GHz band will adversely 
affect other users in the band by increasing the risk of aggregate 
interference, especially to earth stations. The Commission invites 
parties to suggest ways to avoid or mitigate instances of aggregate 
interference, if they were to occur. The NPRM specifically suggests 
that parties discuss the sufficiency of existing industry practices, 
coordination requirements, and interference criteria to address the 
possibility or occurrence of aggregate interference.
    8. The Commission also seeks comment on whether the size of the 
equipment and the technical characteristics of the antenna patterns 
make the 0.61 meter antenna more difficult to point accurately. The 
Commission specifically asks parties to address whether the use of 
smaller antennas in the 11 GHz band significantly increases the risk of 
interference to other users in the band due to accuracy errors in 
pointing the 0.61 meter antennas. The Commission therefore invites 
parties to discuss the likelihood, effect, and addressability of 
pointing errors and to comment on how the Commission has approached 
similar issues concerning interference due to pointing errors in the 
past.
    9. Coordination Procedures. Coordination procedures, set-forth in 
47 CFR 101.103, exist to establish interference standards applicable to 
the operation of FS antennas in the 11 GHz band. The FiberTower 
Petition proposes amendments to the coordination requirements in 47 CFR 
101.103 to protect other users in the 11 GHz band from experiencing any 
greater interference from the use of a 0.61 meter antenna than would be 
experienced by the use of a 1.22 meter antenna. Specifically, pursuant 
to the proposed amendments, if either an FS applicant that is 
attempting to frequency coordinate a 1.22 meter (or larger) antenna for 
use in the 11 GHz band or an FSS applicant for an earth station in the 
11 GHz band predicts received interference from an FS licensee or prior 
applicant using a 0.61 meter antenna in the 11 GHz band, it may require 
the FS licensee or prior applicant using the 0.61 meter antenna to 
reduce predicted interference to levels no higher than would be 
predicted from the use of a 1.22 meter antenna. In addition, the 
proposed amendments only permit the FS licensee or prior applicant 
using a 0.61 meter antenna in the 11 GHz band to object to a prior 
coordination notice if it would have actual grounds to object to 
predicted interference if it were using a 1.22 meter antenna at the 
same site, polarization, frequency, bandwidth, and orientation.
    10. The Commission seeks comment on whether these amendments strike 
the appropriate balance between efficient spectrum use and interference 
protection in the 11 GHz band and requests that parties address 
precedent where the Commission has amended technical rules to permit 
the use of smaller antennas. The Commission invites parties to comment 
on whether the Commission's rules and industry practices are sufficient 
to allow parties to resolve instances where 0.61 meter antennas cause 
more interference than otherwise would be caused by 1.22 meter 
antennas.
    11. Accordingly, the Commission seeks comment on whether the 
proposed amendments to the part 101 antenna standards and coordination 
requirements would facilitate the efficient use of the 11 GHz band by 
affording FS licensees the flexibility to install 0.61 meter antennas 
in the 11 GHz band while appropriately protecting other users in the 
band from interference. The Commission also seeks comment on whether 
these changes will facilitate a range of fixed microwave applications--
including those that support third generation mobile services--that are 
not currently being accommodated in the 11 GHz band under the existing 
rules governing use of the band.

[[Page 20497]]

II. Initial Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this Notice of Proposed Rulemaking 
(NPRM). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments on the NPRM provided in paragraph 29 of the 
NPRM. The Commission will send a copy of the NPRM, including this IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration 
(SBA). In addition, the NPRM and IRFA (or summaries thereof) will be 
published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    13. In this NPRM, we seek comment on a petition for rulemaking 
filed by FiberTower, Inc. (FiberTower) on July 14, 2004. The FiberTower 
Petition requests that the Commission initiate a rulemaking to amend 
the technical parameters in Sec. Sec.  101.103 and 101.115 of the 
Commission's rules that establish interference protection for operators 
in the 10.7-11.7 GHz (11 GHz) band in order to permit the use of 0.61 
meter (``two-foot'') antennas as an optional alternative to the 1.22 
meter (``four-foot'') antennas that meet the existing technical 
parameters for Fixed Microwave Service in the 11 GHz band. 
Specifically, the FiberTower Petition proposes changes to the technical 
parameters in Sec.  101.115 of the Commission's rules to permit the use 
of Fixed Service (FS) antennas with reduced mainbeam gain, increased 
beamwidth, and modified sidelobe suppression in the 11 GHz band. The 
FiberTower Petition also proposes amendments to Sec.  101.103 of the 
Commission's rules to protect other users in the 11 GHz band from 
experiencing any greater interference from the use of a 0.61 meter 
antenna than would be experienced by the use of a 1.22 meter antenna.
    14. We seek comment in this NPRM on modifying the Commission's 
rules to permit the installation of 0.61 meter antennas in the 11 GHz 
band, while appropriately protecting other users in the band. Such 
action could serve the public interest by facilitating the efficient 
use of the 11 GHz band. We tentatively conclude that the shared nature 
of the 11 GHz band does not preclude the Commission from facilitating 
the efficient use of the 11 GHz band by permitting FS users to erect 
0.61 meter antennas. However, we also wish to ensure that any proposed 
changes to the Commission's rules appropriately protect other users in 
the band from increased interference due to the use of 0.61 meter 
antennas. To this end, we seek comments on particular interference 
concerns as well as on the more general issue of whether the use of 
0.61 meter antennas by FS licensees in the 11 GHz band will adversely 
affect other users in the band by increasing the likelihood of 
interference.

B. Legal Basis

    15. The proposed action is authorized pursuant to sections 1, 2, 
4(i), 7, 10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332 
and 333 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
152, 154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 
319, 324, 332, and 333.

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

    16. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and policies, if adopted. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. A ``small business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA.
    17. Nationwide, there are a total of approximately 22.4 million 
small businesses, according to SBA data. A ``small organization'' is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' Nationwide, as of 
2002, there were approximately 1.6 million small organizations. The 
term ``small governmental jurisdiction'' is defined generally as 
``governments of cities, towns, townships, villages, school districts, 
or special districts, with a population of less than fifty thousand.'' 
Census Bureau data for 2002 indicate that there were 87,525 local 
governmental jurisdictions in the United States. We estimate that, of 
this total, 84,377 entities were ``small governmental jurisdictions.'' 
Thus, we estimate that most governmental jurisdictions are small.
    18. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. At present, there are approximately 36,708 common carrier 
fixed licensees and 59,291 private operational-fixed licensees and 
broadcast auxiliary radio licensees in the microwave services. The 
Commission has not yet defined a small business with respect to 
microwave services. For purposes of the FRFA, we will use the SBA's 
definition applicable to Cellular and other Wireless Telecommunications 
companies--i.e., an entity with no more than 1,500 persons. Census 
Bureau data for 2002 show that there were 1,397 firms in this category 
that operated for the entire year. Of this total, 1,378 firms had 
employment of 999 or fewer employees, and 19 firms had employment of 
1,000 employees or more. Thus, under this size standard, the majority 
of firms can be considered small. We note that the number of firms does 
not necessarily track the number of licensees. We estimate that all of 
the Fixed Microwave licensees (excluding broadcast auxiliary licensees) 
would qualify as small entities under the SBA definition.
    19. Satellite Telecommunications and Other Telecommunications. 
There is no small business size standard developed specifically for 
providers of international service. The appropriate size standards 
under SBA rules are for the two broad census categories of ``Satellite 
Telecommunications'' and ``Other Telecommunications.'' Under both 
categories, such a business is small if it has $13.5 million or less in 
average annual receipts.
    20. The first category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing point-to-point 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' For this category, Census 
Bureau data for 2002 show that there were a total of 371 firms that 
operated for the entire year. Of this total, 307 firms had annual 
receipts of under $10 million, and 26 firms had receipts of $10 million 
to $24,999,999. Consequently, we estimate that the majority of 
Satellite Telecommunications firms are small

[[Page 20498]]

entities that might be affected by our action.
    21. The second category of Other Telecommunications ``comprises 
establishments primarily engaged in (1) Providing specialized 
telecommunications applications, such as satellite tracking, 
communications telemetry, and radar station operations; or (2) 
providing satellite terminal stations and associated facilities 
operationally connected with one or more terrestrial communications 
systems and capable of transmitting telecommunications to or receiving 
telecommunications from satellite systems.'' For this category, Census 
Bureau data for 2002 show that there were a total of 332 firms that 
operated for the entire year. Of this total, 259 firms had annual 
receipts of under $10 million and 15 firms had annual receipts of $10 
million to $24,999,999. Consequently, we estimate that the majority of 
Other Telecommunications firms are small entities that might be 
affected by our action.
    22. Space Stations (Geostationary). Commission records reveal that 
there are 15 space station licensees. We do not request nor collect 
annual revenue information, and thus are unable to estimate of the 
number of geostationary space stations that would constitute a small 
business under the SBA definition cited above, or apply any rules 
providing special consideration for Space Station (Geostationary) 
licensees that are small businesses.
    23. Fixed Satellite Transmit/Receive Earth Stations. Currently 
there are approximately 3,390 operational fixed-satellite transmit/
receive earth stations authorized for use in the C- and Ku-bands. The 
Commission does not request or collect annual revenue information, and 
thus is unable to estimate the number of earth stations that would 
constitute a small business under the SBA definition.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    24. This NPRM proposes no new reporting or recordkeeping 
requirements. This NPRM proposes amendments to the Commission's rules 
to afford licensees in the Fixed Microwave Services (FS) with the 
flexibility to use a 0.61 meter antenna in the 11 GHz band as an 
optional alternative to the 1.22 meter antenna that meets the existing 
technical parameters for FS in the 11 GHz band. The proposed amendments 
would apply equally to large and small entities and benefit all FS 
licensees by reducing the burden of seeking individual waivers to 
permit the use of 0.61 meter antennas in the 11 GHz band. The 
Commission requests comment on how these proposed rules may be modified 
to reduce the burden on small entities and still meet the objectives of 
the proceeding.

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

    25. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance rather than design standards; and (4) an 
exemption from coverage of the rule, or any part thereof for small 
entities.
    26. As noted above, this NPRM proposes rules to permit the use of 
0.61 meter antennas as an optional alternative to the 1.22 meter 
antennas that meet the existing technical parameters for FS in the 11 
GHz band. Because the proposed rules seek to provide FS licensees in 
the 11 GHz with additional flexibility, FS licensees retain the option 
of continuing to employ 1.22 meter antennas that meet the existing 
technical parameters for FS in the 11 GHz band. Thus, this proposed 
action would provide an additional option to all licensees, including 
small entity licensees. In this NPRM, we seek comment on this proposed 
action. Such action could serve the public interest by facilitating the 
efficient use of the 11 GHz band. The proposed rules could promote the 
efficient use of the spectrum and provide for a wide range of fixed 
microwave applications that are not currently being provided for in the 
11 GHz band for financial, aesthetic, and regulatory reasons. The 
proposed rules could therefore open up economic opportunities to a 
variety of spectrum users, including small businesses. Indeed, a number 
of the commenting parties to support the proposed rules identify 
themselves as small businesses.
    27. This NPRM seeks comments on particular interference concerns as 
well as on the more general issue of whether the use of 0.61 meter 
antennas by FS licensees in the 11 GHz band will adversely affect other 
users in the band by increasing the likelihood of interference. The 
Commission invites comment on any additional significant alternatives 
parties believe should be considered and on how the approach outlined 
in the NPRM will impact small entities. The Commission will continue to 
examine alternatives in the future with the objectives of eliminating 
unnecessary regulations and minimizing any significant economic impact 
on small entities.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    28. None.

III. Ordering Clauses

    29. Pursuant to sections 1, 2, 4(i), 7, 10, 201, 214, 301, 302, 
303, 307, 308, 309, 310, 319, 324, 332 and 333 of the Communications 
Act of 1934, 47 U.S.C. 151, 152, 154(i), 157, 160, 201, 214, 301, 302, 
303, 307, 308, 309, 310, 319, 324, 332, 333, that this Notice of 
Proposed Rulemaking is hereby ADOPTED.
    30. Notice is hereby given of the proposed regulatory changes 
described in this Notice, and that comment is sought on these 
proposals.
    31. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send shall send a copy of this 
NPRM, including the Initial Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 101

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 101 as follows:

PART 101--FIXED MICROWAVE SERVICES

    1. The authority citation for part 101 continues as follows:

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

    2. Section 101.103 is amended by adding a new paragraph (j) to read 
as follows:


Sec.  101.103  Frequency coordination procedures.

* * * * *
    (j) Coordination of small antennas in the 10.7-11.7 GHz band.
    (1) A licensee or prior applicant using an antenna smaller than 
1.22 meters (4 feet) in diameter may object to a prior coordination 
notice only

[[Page 20499]]

    (i) If it has actual grounds to object because of predicted 
interference, and
    (ii) To the extent it would have grounds to object if it were using 
a 1.22 meter antenna at the same site, polarization, frequency, 
bandwidth, and orientation.
    (2) A Fixed Service applicant attempting to frequency coordinate an 
antenna of 1.22 meters in diameter or larger, or an applicant for a 
Fixed Satellite Service earth station, that predicts received 
interference from a licensee or prior applicant using an antenna 
smaller than 1.22 meters in diameter, can require the licensee or prior 
applicant to reduce the predicted interference to levels no higher than 
would be predicted from antenna of 1.22 meters in diameter.
    3. Section 101.115 is amended by revising the entry ``10,700 to 
11,700 \5\'' to the table following paragraph (b)(2) to read as 
follows:


Sec.  101.115  Directional antennas.

    (b) * * *
    (2) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Minimum radiation suppression to angle in degrees from centerline of main beam in
                                                Maximum                                                    decibels
                                              beam-width    Minimum  -----------------------------------------------------------------------------------
         Frequency (MHz)           Category     to 3 dB     antenna                                                                100[deg]    140[deg]
                                                  pts     Gain (dBi)   5[deg] to  10[deg] to  15[deg] to  20[deg] to  30[deg] to      to          to
                                                                        10[deg]     15[deg]     20[deg]     30[deg]    100[deg]    140[deg]    180[deg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
10,700-11,700*..................           A         3.5        33.5          18          24          28          32          35          55          55
                                           B         3.5        33.5          17          24          28          32          35          40          45
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E7-7796 Filed 4-24-07; 8:45 am]
BILLING CODE 6712-01-P


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