20494 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 

§ 174.518 Bacillus thuringiensis Cry3Bb1 

protein in corn; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry3Bb1 protein in corn are exempt 

from the requirement of a tolerance 

when used as plant-incorporated 

protectants in the food and feed 

commodities of corn; corn, field; corn, 

sweet; and corn, pop. 

§ 174.519 Bacillus thuringiensis Cry2Ab2 

protein in cotton; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry2Ab2 protein in cotton is exempt 

from the requirement of a tolerance 

when used as a plant-incorporated 

protectant in the food and feed 

commodities, cotton seed, cotton oil, 

cotton meal, cotton hay, cotton hulls, 

cotton forage, and cotton gin 

byproducts. 

§ 174.520 Bacillus thuringiensis Cry1F 

protein in corn; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry1F protein in corn are exempt from 

the requirement of a tolerance when 

used as plant-incorporated protectants 

in the food and feed commodities of 

corn; corn, field; corn, sweet; and corn, 

pop. 

§ 174.521 Neomycin phosphotransferase 

II; exemption from the requirement of a 

tolerance. 

Residues of the neomycin 

phosphotransferase II (NPTII) enzyme 

are exempted from the requirement of a 

tolerance in all food commodities when 

used as a plant-incorporated protectant 

inert ingredient. 

§ 174.522 Phosphinothricin 

Acetyltransferase (PAT); exemption from 

the requirement of a tolerance. 

Residues of the Phosphinothricin 

Acetyltransferase (PAT) enzyme are 

exempt from the requirement of a 

tolerance when used as plantincorporated protectant inert 

ingredients in all food commodities. 

§ 174.523 CP4 Enolpyruvylshikimate-3- 

phosphate (CP4 EPSPS) synthase in all 

plants; exemption from the requirement of 

a tolerance. 

Residues of the CP4 

Enolpyruvylshikimate-3-phosphate (CP4 

EPSPS) synthase enzyme in all plants 

are exempt from the requirement of a 

tolerance when used as plantincorporated protectant inert 

ingredients in all food commodities. 

§ 174.524 Glyphosate Oxidoreductase 

GOX or GOXv247 in all plants; exemption 

from the requirement of a tolerance. 

Residues of the Glyphosate 

Oxidoreductase GOX or GOXv247 

enzyme in all plants are exempt from 

the requirement of a tolerance when 

used as plant-incorporated protectant 

inert ingredients in all food 

commodities. 

§ 174.525 E. coli B-D-glucuronidase 

enzyme as a plant-incorporated protectant 

inert ingredient; exemption from the 

requirement of a tolerance. 

Residues of E. coli B-D-glucuronidase 

enzyme are exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant inert 

ingredient in all food commodities. 

§ 174.526 Hygromycin B 

phosphotransferase (APH4) marker protein 

in all plants; exemption from the 

requirement of a tolerance. 

Residues of the Hygromycin B 

phosphotransferase (APH4) enzyme in 

all plants are exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant inert 

ingredient in cotton. 

§ 174.527 Phosphomannose isomerase in 

all plants; exemption from the requirement 

of a tolerance. 

Residues of the phosphomannose 

isomerase (PMI) enzyme in plants are 

exempt from the requirement of a 

tolerance when used as plantincorporated protectant inert 

ingredients in all food commodities. 

10. Section 174.458 is redesignated as 

§ 174.528 and revised to read as follows: 

§ 174.528 Bacillus thuringiensis Vip3Aa20 

protein; temporary exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Vip3Aa20 protein in corn are 

temporarily exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant in the 

food and feed commodities of corn; 

corn, field; corn, sweet; corn, pop. This 

temporary exemption from the 

requirement of tolerance will permit the 

use of the food commodities in this 

paragraph when treated in accordance 

with the provisions of the experimental 

use permit 67979–EUP–6, which is 

being issued in accordance with the 

provisions of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended (7 U.S.C. 136). 

This temporary exemption from the 

requirement of a tolerance expires and 

is revoked March 31, 2008; however, if 

the experimental use permit is revoked, 

or if any experience with or scientific 

data on this pesticide indicate that the 

temporary tolerance exemption is not 

safe, this temporary exemption from the 

requirement of a tolerance may be 

revoked at any time. 

[FR Doc. E7–7767 Filed 4–24–07; 8:45 am] 

BILLING CODE 6560–50–S 

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. 

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: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

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 


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Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 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). 

• 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. 

• 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 email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

• 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. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered 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. 

• 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. 

• 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 fcc504@fcc.gov 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 


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20496 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 

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 coprimary 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 pointto-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. 


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Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 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 §§ 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 (‘‘fourfoot’’) 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 § 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 § 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 


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20498 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 

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 fixedsatellite transmit/receive earth stations 

authorized for use in the C- and Kubands. 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: 

§ 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 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 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: 

§ 101.115 Directional antennas. 

(b) * * * 

(2) * * * 

Frequency (MHz) Category 

Maximum 

beamwidth to 3 

dB pts 

Minimum 

antenna 

Gain (dBi) 

Minimum radiation suppression to angle in degrees from centerline of main beam in 

decibels 

5° to 10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 

140° 

140° to 

180° 

* * * * * * * 

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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