69612 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2, 25, and 27

[ET Docket No. 98–237 and WT Docket No.

00–32; FCC 00–363]

Transfer of the 3650 Through 3700 MHz

Band and the 4.9 GHz Band From

Federal Government Use

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes to

establish licensing and service rules for

the assignment of fixed and mobile

services licenses in the 3650 through

3700 MHz band. This document also

seeks comments on whether technical

requirements or other reasons justify

licensing the band and the 4940 through

4990 MHz band at the same time. This

action is intended to facilitate the

provision of a broad range of services,

including traditional voice telephony

and new broadband, high-speed, data

and video services, and to help foster

the introduction of such services to

rural and underserved areas of the

United States.

DATES: Submit comments on or before

December 18, 2000, and submit reply

comments on or before January 16,

2001. Written comments by the public

on the proposed information collections

are due January 16, 2001. Written

comments on the proposed information

collections must be submitted by the

Office Management and Budget (OMB)

on the proposed information collections

on or before March 19, 2001.

ADDRESSES: Send comments and reply

comments to the Office of the Secretary,

Federal Communications Commission,

Washington, D.C. 20554. In addition to

filing comments with the Secretary, a

copy of any comments on the

information collections contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 1–C804, 445 12th

Street, SW, Washington, D.C. 20554, or

via the Internet to jboley@fcc.gov, and to

Ed Springer, OMB Desk Officer, 10236

NEOB, 725—17th Street, N.W.,

Washington, D.C. 20503 or via the

Internet to

Edward.Springer@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Eli

Johnson, 202–418–1310. For additional

information concerning the information

collections contained in this document,

contact Judy Boley at 202–418–0214, or

via the Internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Second

Notice of Proposed Rule Making

(Second NPRM) in ET Docket No. 98–

237 and WT Docket No. 00–32, FCC 00–

363, adopted October 12, 2000, and

released October 24, 2000. The complete

text of the Second NPRM and Initial

Regulatory Flexibility Analysis is

available on the Commission’s Internet

site, at www.fcc.gov. It is also available

for inspection and copying during

normal business hours in the FCC

Reference Information Center, Courtyard

Level, 445 12th Street, S.W.,

Washington, D.C., and may be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., CY–B400, 445 12th Street

S.W., Washington, D.C. Comments may

be sent as an electronic file via the

Internet to http://www.fcc.gov/e-file/

ecfs.html, or by e-mail to ecfs@fcc.gov.

Synopsis of the Second NPRM

1. In this Second NPRM, the

Commission proposes licensing and

service rules for the assignment of fixed

and mobile services licenses in the 3650

through 3700 MHz band to fixed and

mobile (base stations) terrestrial services

by competitive bidding. The Second

NPRM also seeks comment on whether

technical requirements or other reasons

justify licensing the 4940 through 4990

MHz (4.9 GHz) band at the same time.

2. The 3600 through 3700 MHz band

has been allocated for use by the Federal

Government on a primary basis for

radiolocation services. The associated

First Report and Order adopted with the

Second NPRM, allocates the 50

megahertz of spectrum in the 3650

through 3700 MHz band to the fixed and

mobile (base stations) terrestrial services

on a primary basis. (See Notice of

Proposed Rulemaking and Order in ET

Docket No. 98–237, 64 FR 2462, January

14, 1999.)

3. The Commission is

‘‘grandfathering’’ existing fixed satellite

service (FSS) earth stations in this band,

and, for a limited time will accept new

applications for FSS earth stations in

the vicinity of these grandfathered sites

to operate on a co-primary basis in the

band. The Commission will also permit

additional FSS earth station operations

on a secondary basis. The Second

NPRM proposes that both new and

existing FSS earth stations be subject to

part 25 of the Commission’s Rules.

4. As discussed in paragraph 120 in

the full text of the Second NPRM, the

Commission proposes to assign

terrestrial service licenses in this band

pursuant to the Commission’s part 1

competitive bidding rules. The

Commission also proposes to license the

3650 through 3700 MHz band under

part 27 of the Commission’s Rules as

modified to reflect the particular

characteristics and circumstances of

services offered through the use of

spectrum in the 3650 through 3700

band. (See the Proposed Rules portion

of this FR Summary or Appendix E of

the Second NPRM.) The Commission

also seeks comment on the geographic

area and spectrum blocks that should be

used to license this spectrum. Further,

as discussed in paragraphs 42 through

44 of the Second NPRM, the

Commission seeks comment on whether

technical requirements or other reasons

justify licensing the 3650 through 3700

MHz and the 4.9 GHz bands at the same

time. (See the Notice of Proposed

Rulemaking in WT Docket 00–32, 65 FR

14230, March 16, 2000.)

5. The Commission, in paragraph 47

of the Second NPRM, proposes that

licensees in the 3650 through 3700 MHz

band be subject to the Universal

Licensing System (ULS). ULS is the

interactive licensing database developed

by the Wireless Telecommunications

Bureau to consolidate and replace

eleven existing licensing systems used

to process applications and grant

licenses in the wireless services. License

applications filed by part 27 licensees

must be filed electronically via ULS.

6. The Commission, as indicated in

paragraph 49 of the Second NPRM,

seeks comment from the public in

general concerning the proposals set

forth in the Second NPRM. The

Commission, however, specifically

seeks comment from Indian Tribal

governments on the proposals contained

in the Second NPRM. The Commission

believes that the proposals set forth in

the Second NPRM have the potential to

foster the development and, ultimately,

the deployment of new technologies and

services to many communities,

including tribal communities. Thus, the

Commission seeks comment both from

Tribal governments and other interested

parties on the potential for the spectrum

proposals to serve the communications

needs of tribal communities.

7. Paragraphs 50 through 56 of the

Second NPRM consider regulatory

status and flexible use of the 3650

through 3700 MHz band. In this section,

the Commission proposes that

applicants and licensees in this band

not be required to describe their

proposed services, but be required to

indicate a regulatory status based on any

services they choose to provide. Under

this proposal, licensees who change the

service they offer, such that it would

change their regulatory status, must

notify the Commission within 30 days

of the change. Changes resulting in the

discontinuance, reduction, or

impairment of the existing service could

Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules 69613

require a different time period for

notification as governed by section

101.305 of the Commission’s Rules.

Paragraphs 57 through 60 of the Second

NPRM address eligibility restrictions

and spectrum aggregation limitations.

Paragraphs 61 through 63 of the Second

NPRM pertains to foreign ownership

restrictions in the 3650 through 3700

MHz band.

8. Other issues discussed in the

Second NPRM include geographic areas

and spectrum blocks (paragraphs 64

through 71), license term and renewal

expectancy (paragraphs 72 through 74),

partitioning and disaggregation of

licenses and the use of band managers

(paragraphs 75 through 81),

performance requirements (paragraphs

82 through 88), equal employment

opportunity issues (paragraphs 89

through 90), technical rules (paragraphs

91 and 92), in-band interference control

(paragraphs 93 through 109), adjacent

band interference control (paragraphs

110 through 116), RF Safety (paragraphs

117 through 119), competitive bidding

provisions for small businesses

(paragraphs 120 through 127), and

additional satellite issues (paragraphs

128 through 133).

Initial Regulatory Flexibility Analysis

9. As required by the Regulatory

Flexibility Act of 1980 (RFA), 5 U.S.C.

603, the Commission has prepared an

Initial Regulatory Flexibility Analysis

(IRFA) of the possible significant

economic impact on small entities of the

policies and rules proposed in the

Second NPRM. The Commission

requests written public comment on the

analysis. In order to fulfill the mandate

of the Contract with America

Advancement Act of 1996 regarding the

Initial Regulatory Flexibility Analysis,

the Commission asks a number of

questions in the IRFA regarding the

prevalence of small businesses in the

affected industries.

10. Comments regarding the IRFA

must be filed in accordance with the

same filing deadlines as comments filed

in this Second NPRM, but they must

have a separate and distinct heading

designating them as responses to the

IRFA. The Commission’s Consumer

Information Bureau, Reference

Information Center, will send a copy of

this Second NPRM, including the IRFA,

to the Chief Counsel for Advocacy of the

Small Business Administration.

Ex Parte Presentations

11. For purposes of this permit-butdisclose notice and comment

rulemaking proceeding, members of the

public are advised that ex parte

presentations are permitted, except

during the Sunshine Agenda period,

provided they are disclosed under the

Commission’s Rules. (See generally 47

CFR 1.1202, 1.1203, 1.1206((a).)

Pleading Dates

12. Pursuant to applicable procedures

set forth in sections 1.415 and 1.419 of

the Commission’s Rules, interested

parties may file comments on or before

December 18, 2000, and reply comments

on or before January 16, 2001.

Comments and reply comments should

be filed in ET Docket No. 98–237 and

WT Docket No. 00–32. All relevant and

timely comments will be considered by

the Commission before final action is

taken in this proceeding. To file

formally in this proceeding, interested

parties must file an original and four

copies of all comments, reply

comments, and supporting comments. If

interested parties want each

Commissioner to receive a personal

copy of their comments, they must file

an original plus nine copies. Interested

parties should send comments and reply

comments to the Office of the Secretary,

Federal Communications Commission,

Room TW–A325, 445 Twelfth Street,

S.W., Washington, D.C. 20554, with a

copy to Eli Johnson, Policy Division,

Wireless Telecommunications Bureau,

445 Twelfth Street, S.W., Washington,

D.C. 20554.

13. Comments may also be filed using

the Commission’s Electronic Comment

Filing System (ECFS). Comments filed

through the ECFS can be sent as an

electronic file via the Internet to <http:/

/www.fcc.gov/e-file/ecfs.html>.

Generally, only one copy of an

electronic submission must be filed. In

completing the transmittal screen,

commenters should include their full

name, Postal Service mailing address,

and the applicable docket or rulemaking

number. Parties may also submit an

electronic comment by Internet E-Mail.

To obtain filing instructions for E-Mail

comments, commenters should send an

e-mail to ecfs@fcc.gov, and should

include the following words in the body

of the message, ‘‘get form <your E-Mail

address>.’’ A sample form and

directions will be sent in reply.

14. Comments and reply comments

will be available for public inspection

during regular business hours at the

FCC Reference Center, Room CY–A257,

at the Federal Communications

Commission, 445 Twelfth Street, S.W.,

Washington, D.C. 20554. Copies of

comments and reply comments are

available through the Commission’s

duplicating contractor: International

Transcription Service, Inc. (ITS, Inc.),

CY–B400, 445 12th Street, S.W.,

Washington, D.C. 20054, (202) 857–

3800.

Ordering Clauses

15. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this Second Notice of Proposed

Rulemaking, including the Initial

Regulatory Flexibility Analysis, to the

Chief Counsel of Advocacy of the Small

Business Administration, in accordance

with paragraph 603(a) of the Regulatory

Flexibility Act, Public Law 96–354, 94

Stat 1164, 5 U.S.C. 601 et seq. (1981).

16. Pursuant to sections 4, 4(i), 157,

303, 303(g), 303(r), 307, and 332(c)(7) of

the Communications Act of 1934, as

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

303, 303(g), 303(r), 307, and 332 (c)(7)

the Second Notice of Proposed Rule

Making is adopted.

Initial Regulatory Flexibility Analysis

17. This is a synopsis of the Initial

Regulatory Flexibility Act Statement in

this Second Notice of Proposed Rule

Making (Second NPRM). The full text of

the Initial Regulatory Flexibility Act

Statement may be found in Appendix C

of the full Second NPRM.

18. As required by the Regulatory

Flexibility Act (RFA) the Commission

has prepared this Initial Regulatory

Flexibility Analysis (IRFA) of the

possible significant economic impact on

small entities by the policies and rules

proposed in this Second NPRM. 5

U.S.C. 603 The RFA, 5 U.S.C. 601 et

seq., has been amended by the Contract

with America Advancement Act of

1996, Public Law 104–121, 110 Stat. 847

(1996) (CWAA). Title II of the CWAA is

the Small Business Regulatory

Enforcement Fairness Act of 1996

(SBREFA). 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 Second NPRM. The

Commission will send a copy of the

Second NPRM, including the IRFA, to

the Chief Counsel for Advocacy of the

Small Business Administration.

A. Need for, and Objectives of, the

Proposed Rules

19. The actions taken in this Second

NPRM are intended to facilitate the

provision of a broad range of services.

The Commission believes the 3650

through 3700 MHz band may be used to

foster the introduction of wireless

services to rural areas of the United

States and to develop new and more

effective competition to existing

wireline local exchange carriers by

providing for an economical means to

69614 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules

offer competitive ‘‘local loop’’ or ‘‘lastmile’’ facilities.

B. Legal Basis for Proposed Rules

20. The proposed action is authorized

under sections 4, 4(i), 157, 303, 303(g),

303(r), 307, and 332(c)(7) of the

Communications Act of 1934, as

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

303, 303(g), 303(r), 307, and 332(c)(7).

C. Description and Estimate of the

Number of Small Entities To Which the

Proposed Rules Will Apply

21. The RFA directs agencies to

provide a description of and, where

feasible, an estimate of the number of

small entities that may be affected by

the proposed rules, if adopted. The RFA

generally defines the term ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small business,’’ ‘‘small

organization,’’ and ‘‘small governmental

jurisdiction.’’ In addition, the term

‘‘small business’’ has the same meaning

as the term ‘‘small business concern’’

under Section 3 of the Small Business

Act, unless the Commission has

developed one or more definitions that

are appropriate for its activities. Under

the Small Business Act, a ‘‘small

business concern’’ is one that: (1) is

independently owned and operated; (2)

is not dominant in its field of operation;

and (3) satisfies any additional criteria

established by the Small Business

Administration (SBA).

22. 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 1992, there were

approximately 275,801 small

organizations. The definition of ‘‘small

governmental jurisdiction’’ is one with

populations of fewer than 50,000. There

are 85,006 governmental jurisdictions in

the nation. The Commission estimates

that 96 percent, or about 81,600, are

small entities that may be affected by

the proposed rules. Nationwide, there

are 4.44 million small business firms,

according to SBA reporting data.

23. The Commission has not

developed a definition of small entities

applicable to fixed satellite service

licensees. Therefore, the applicable

definition of small entity is the

definition under the SBA rules

applicable to Communications Services,

Not Elsewhere Classified. This

definition provides that a small entity is

one with no more than $11.0 million in

annual receipts. According to Census

Bureau data, there are 848 firms that fall

under the category of Communications

Services, Not Elsewhere Classified. Of

those, approximately 775 reported

annual receipts of $11 million or less

and qualify as small entities.

24. The Commission must assign

licenses for this spectrum by

competitive bidding to satisfy the

requirements of the Balanced Budget

Act of 1997. The Commission has not

yet determined how many licenses will

be awarded. Moreover, the Commission

does not know how many licensees will

partition their license areas or

disaggregate their spectrum blocks, if

partitioning and disaggregation are

allowed. The Commission therefore

assumes that, for purposes of our

evaluations and conclusions in the

IRFA, all prospective licensees are small

entities, as that term is defined by the

SBA or our proposed small business

definitions for terrestrial fixed and

mobile services in the 3650 through

3700 MHz band.

D. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

25. Applicants for licenses to provide

terrestrial fixed and mobile services in

the 3650 through 3700 MHz band will

be required to submit short-form

applications using FCC Form 175. In

addition, winning bidders must submit

long-form license applications through

the Universal Licensing System using

FCC Form 601, and other appropriate

forms. The Commission invites

comment on how these filing

requirements can be modified to reduce

the burden on small entities.

26. As proposed, all services, other

than fixed satellite service earth

stations, in the 3650 through 3700 MHz

band would be governed by part 27 of

the Commission’s Rules, and, in certain

instances, part 20. The proposals under

consideration in this item include

requiring commercial licensees to make

showings that they are in compliance

with construction requirements, file

applications for license renewals and

make certain other filings as required by

the Communications Act. The

Commission requests comment on how

these requirements can 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

27. 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: (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.

28. The Second NPRM proposes the

following small business definitions for

bidders in auctions of licenses in the

3650 through 3700 MHz band: an

‘‘entrepreneur’’ would be defined as an

entity with average annual gross

revenues for the three preceding years

not exceeding $40 million, a ‘‘small

business’’ would be defined as an entity

with average annual gross revenues for

the three preceding years not exceeding

$15 million, and a ‘‘very small

business’’ would be defined as an entity

with average annual gross revenues for

the three preceding years not exceeding

$3 million. In developing these

definitions, the Commission considered

the alternative of using only two small

business definitions, as it did in the case

of the 2.3 GHz Wireless

Communications Service (WCS) and

certain other services. However, the

Commission believes that an additional

third category of small businesses may

be appropriate because the deployment

of fixed wireless equipment in nearby

spectrum bands suggests that entry costs

may be lower than was the case for the

2.3 GHz WCS when it was licensed in

1997. Thus, very small businesses may

now be better able to take advantage of

bidding credits to acquire licenses and

provide communications services.

29. The Commission, while proposing

a requirement that fixed and mobile

services applicants identify whether or

not they seek to provide common carrier

services, also proposes to allow these

applicants to request common carrier

status as well as non-common carrier

status for authorization in a single

license, rather than require these

applicants to choose between common

carrier and non-common carrier

services. The Commission also proposes

that fixed and mobile applicants and

licensees in the 3650 through 3700 MHz

band not be required to describe their

proposed services, but be required to

indicate a regulatory status based on any

services they choose to provide. The

Commission, however, particularly

seeks comment on the effect of this

flexible approach on possible

investment in communications services

and systems and more generally on

technology development.

30. The Commission proposes that

there be no restrictions on eligibility for

fixed and mobile services licensees in

Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules 69615

the 3650 through 3700 MHz and 4.9

GHz bands other than the alien

ownership restrictions set forth in

section 310 of the Communications Act.

The Commission proposes that both

common carrier and non-common

carrier licensees in the 3650 through

3700 MHz band provide the alien

ownership information requested in

FCC Form 601, as well as amendments

to FCC Form 602 to reflect any changes

in foreign ownership information.

31. The Commission has reduced

burdens wherever possible. To

minimize any negative impact, however,

the Commission proposes certain

provisions that will redound to the

benefit of small entities. These special

provisions include partitioning and

spectrum disaggregation. These

provisions will allow smaller entities to

overcome entry barriers. In addition, the

Commission seeks comment on whether

it would be appropriate to license the

3650 through 3700 MHz band for fixed

and mobile services using smaller

geographical licensing areas. The use of

smaller licensing areas could benefit

small entities by reducing costs and

build-out expenses. The Commission

also seeks comment on different

approaches to minimizing the burdens

of interference management.

32. The regulatory burdens the

Commission proposed to retain are

necessary in order to ensure that the

public receives the benefits of

innovative new services in a prompt

and efficient manner. 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. The

Commission seeks comment on

significant alternatives commenters

believe we should adopt.

F. Federal Rules that May Duplicate,

Overlap, or Conflict With the Proposed

Rules

33. None.

Paperwork Reduction Analysis

34. This Second NPRM contains

proposed and modified information

collections. As part of our continuing

effort to reduce paperwork burdens, the

Commission invites the general public

and the Office of Management and

Budget (OMB) to take this opportunity

to comment on the information

collections contained in this Second

NPRM, as required by the Paperwork

Reduction Act of 1995, Public Law 104–

13. Public and agency comments are

due January 16, 2001. OMB comments

are due March 19, 2001. Comments

should address: (1) 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; (2) the accuracy of

the Commission’s burden estimates; (3)

ways to enhance the quality, utility, and

clarity of the information collected; and

(4) 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.

OMB Approval Number: 3060–0926.

Title: The Transfer of the Bands from

Federal Government Use: Notice of

Proposed Rulemaking.

Form No.: FCC Forms 601, 602, 603,

604, 605.

Type of Review: Modified information

collection.

Respondents: Business or other for

profit.

Number of Respondents: 200.

Estimated Time Per Response: 113

hours.

Total Annual Cost Burden: 0.

Total Annual Burden: 22,600 hours.

Needs and Uses: The various

information reporting and verification

requirements, and the prospective

coordination requirement will be used

by the Commission to verify licensee

compliance with Commission rules and

regulations, and to ensure that licensees

continue to fulfill their statutory

responsibilities in accordance with the

Communications Act of 1934. Such

information has been used in the past

and will continue to be used to

minimize interference, verify that

applicants are legally and technically

qualified to hold licenses, and to

determine compliance with Commission

rules.

List of Subjects

47 CFR Part 2

Radio.

47 CFR Parts 25 and 27

Communications common carriers,

Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

Proposed Rules

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

parts 2, 25 and 27 as follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation for part 2

continues to read as follows:

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

336, unless otherwise noted.

2. Add a new non-Federal

Government footnote in numerical order

to § 2.106, the Table of Frequency

Allocations, to read as follows:

§ 2.106 Table of Frequency Allocations.

* * * * *

Non-Federal Government (NG)

Footnotes

* * * * *

NGXXX Fixed-satellite service

systems that operate primarily outside

the 3650 through 3700 MHz band may

be authorized to perform space

operations, such as, telemetry, tracking

and telecommand operations in the

band 3650 through 3700 MHz, provided

the requirement in § 25.202(g)(1) of this

chapter is satisfied.

* * * * *

PART 25—SATELLITE

COMMUNICATIONS

3. The authority citation for part 25

continues to read as follows:

Authority: 47 U.S.C. 701–744. Interprets or

applies Sections 4, 301, 302, 303, 307, 309

and 332 of the Communications Act, as

amended, 47 U.S.C. Sections 154, 301, 302,

303, 307, 309 and 322, unless otherwise

noted.

4. In § 25.202, add a new sentence at

the end of paragraph (g) to read as

follows:

§ 25.202 Frequencies, frequency tolerance

and emission limitations.

* * * * *

(g) * * * Telemetry, tracking and

telecommand functions for satellite

service systems operating outside of the

band 3650 through 3700 MHz may be

authorized on a secondary basis in the

3650 through 3700 MHz band upon a

particularized showing of need.

PART 27—MISCELLANEOUS

WIRELESS COMMUNICATIONS

SERVICES

5. The authority citation for part 27

continues to read as follows:

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

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

noted.

6. Add new paragraph (b)(3) to § 27.1

to read as follows:

§ 27.1 Basis and purpose.

* * * * *

69616 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules

(b) * * *

(3) 3650 through 3700 MHz band.

* * * * *

7. Add the following definition in

alphabetical order to § 27.4 to read as

follows:

§ 27.4 Terms and definitions.

* * * * *

Grandfathered fixed satellite service

earth station. An earth station in the

3650 through 3700 MHz band is an

earth station that is authorized prior to

December 1, 2000, or granted as a result

of an application filed prior to

December 1, 2000.

* * * * *

8. Add new paragraph (c) to § 27.5 to

read as follows:

§ 27.5 Frequencies.

* * * * *

(c) 3650 through 3700 MHz band. The

3650 through 3700 MHz band is

available for licensing pursuant to this

part.

9. In § 27.14, redesignate paragraph

(d) as paragraph (e) and add a new

paragraph (d) to read as follows:

§ 27.14 Construction requirements;

Criteria for comparative renewal

proceedings.

* * * * *

(d) 3650 through 3700 MHz band. (1)

For a WCS licensee that offers fixed,

point-to-point service, the construction

of four permanent links per one million

people in its licensed service area

within the prescribed license term set

forth in § 27.13 would constitute

substantial service.

(2) For a WCS licensee that offers

fixed, point-to-multipoint service, a

demonstration of coverage of 20 percent

of the population of its licensed service

area within the prescribed license term

set forth in § 27.13 would constitute

substantial service.

(3) For a licensee that offers fixed

satellite service, the construction of one

earth station per licensed service area

within the prescribed license term set

forth in § 27.13 would constitute

substantial service.

* * * * *

10. In § 27.50, redesignate paragraph

(c) as paragraph (d) and add a new

paragraph (c) to read as follows:

§ 27.50 Power limits.

* * * * *

(c) The following power and antenna

height limits apply to base and fixed

stations operating in the 3650 through

3700 MHz band: Base and fixed stations

must not exceed an effective radiated

power of 1640 watts and an antenna

height of 300 m height above average

terrain, or its equivalent.

* * * * *

11. In § 27.53, redesignate paragraph

(f) as paragraph (g) and add a new

paragraph (f) to read as follows:

§ 27.53 Emission limits.

* * * * *

(f) Base and fixed service operations

in the 3650 through 3700 MHz band are

subject to the emission limits set forth

in § 101.111 of this chapter.

* * * * *

12. Add new paragraph (c) to § 27.55

to read as follows:

§ 27.55 Field strength limits.

* * * * *

(c) 3650 through 3700 MHz band: 54

dBμV/m

13. Revise § 27.57 to read as follows:

§ 27.57 International coordination.

WCS licensees shall comply with the

appropriate coordination agreements

between the United States and Canada

and the United States and Mexico

concerning cross-border sharing and use

of WCS bands. Operations in the border

areas shall be subject to coordination

with bordering countries and provide

protection to non-U.S. operations in the

appropriate frequency bands. In

addition, satellite operations in WCS

spectrum shall be subject to

international satellite coordination

procedures.

14. In § 27.58, add introductory text

before paragraph (a) to read as follows:

§ 27.58 Interference to MDS/ITFS

receivers.

The following rules concerning

interference to Multipoint Distribution

Service (‘‘MDS’’) and Instructional

Television Fixed Service (‘‘ITFS’’)

receivers apply only to WCS licensees

in the 2305–2320 and 2345–2360 MHz

bands:

* * * * *

15. Add a new § 27.61 to read as

follows:

§ 27.61 FS/FSS coordination procedure.

Base and fixed service transmitters in

the 3650 through 3700 MHz band that

are located within 200 kilometers of a

grandfathered fixed satellite service

earth station must be coordinated prior

to construction to reduce the potential

for interference. The fixed station

licensee must use the coordination

procedures specified in § 101.21 of this

chapter.

16. A new Subpart H is added to part

27 to read as follows:

Subpart H—Competitive Bidding

Procedures for the 3650 Through 3700

MHz Band

Sec.

27.701 3650 through 3700 MHz band

subject to competitive bidding.

27.702 Designated entities.

Subpart H—Competitive Bidding

Procedures for the 3650 Through 3700

MHz Band

§ 27.701 3650 through 3700 MHz band

subject to competitive bidding.

Mutually exclusive initial

applications for terrestrial service

licenses in the 3650 through 3700 MHz

band 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.

§ 27.702 Designated entities.

(a) Eligibility for small business

provisions. (1) A very small business is

an entity that, together with its

controlling interests and affiliates, has

average gross revenues not exceeding $3

million for the preceding three years.

(2) A 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) An entrepreneur is an entity that,

together with its controlling interests

and affiliates, has average gross

revenues not exceeding $40 million for

the preceding three years.

(4) For purposes of determining

whether an entity meets any of the

definitions set forth in paragraph (a)(1),

(a)(2), or (a)(3) of this section, the gross

revenues of the entity, its controlling

interests and affiliates shall be

considered in the manner set forth in

§ 1.2110(b) and (c) of this chapter.

(5) 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. A consortium of 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)(2) of this

section. A consortium of entrepreneurs

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)(3) of this

section. Where an applicant or licensee

Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Proposed Rules 69617

is a consortium of small businesses (or

very small businesses or entrepreneurs),

the gross revenues of each small

business (or very small business or

entrepreneur) shall not be aggregated.

(b) Bidding credits. 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

§ 1.2110(f)(2)(i) of this chapter. 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

§ 1.2110(f)(2)(ii) of this chapter. A

winning bidder that qualifies as an

entrepreneur or a consortium of

entrepreneurs as defined in this section

may use the bidding credit specified in

§ 1.2110(f)(2)(iii) of this chapter.

[FR Doc. 00–28820 Filed 11–16–00; 8:45 am]

BILLING CODE 6712–01–P