Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Proposed Rules 16129

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2 and 25

[IB Docket No. 97–95; FCC 97–85]

Spectrum Allocation Proposals for

Fixed-Satellite, Fixed, Mobile, and

Government Operations

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: By this Notice of Proposed

Rulemaking, the Commission proposes

to designate 4 gigahertz of spectrum

predominantly for Fixed-Satellite

Services (‘‘FSS’’). These proposals are

for the 37.5–38.5 GHz, 40.5–41.5 GHz,

and 48.2–50.2 GHz bands. The

Commission also proposes allocations

for the 37.0–38.0 GHz, 40.0–40.5 GHz,

40.5–42.5 GHz and 46.9–47.0 GHz

bands. The Commission solicits

comment on sharing with Government

users in the bands proposed primarily

for satellite services. In addition, to

place today’s proposals in context and

because some parties have submitted

proposals that cross some of these

bands, this Notice sets forth and seeks

comment on a broad plan for the 36–

51.4 GHz bands.

DATES: Comments must be submitted on

or before May 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Virginia Marshall, Attorney, Satellite

Policy Branch, International Bureau,

(202) 418–0778; Kathleen Campbell,

International Bureau, (202) 418–0753.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking in IB Docket No.

97–95; FCC 97–85, adopted March 13,

1997 and released March 24, 1997. The

complete text of the Notice of Proposed

Rulemaking is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239), 1919 M Street, NW.,

Washington, DC and also may be

purchased from the Commission’s copy

contractor, International Transcription

Service, (202) 857–3800, 2100 M Street,

NW., Suite 140, Washington, DC 20037.

This Notice of Proposed Rulemaking

contains no information collections or

third party disclosure requirements

subject to the Paperwork Reduction Act

of 1995, Public Law 104–13 (PRA).

As required by Section 603 of the

Regulatory Flexibility Act, the

Commission has prepared an Initial

Regulatory Flexibility Analysis

(‘‘IRFA’’) of the expected significant

economic impact on small entities by

the policies proposed in this Notice of

Proposed Rulemaking.

Summary of the Notice of Proposed

Rulemaking

1. This Notice presents and seeks

comment on a band plan for the 36–51.4

GHz frequency band. The Commission

developed this band plan to

accommodate satellite services in a

manner that does not disrupt existing

terrestrial services in these bands. Prior

Commission proceedings regarding

these bands focused primarily on

terrestrial operations. More recently, the

Commission has received requests for

alternative uses of the spectrum,

including a proposal for a nongeostationary orbit fixed satellite

system.

2. Due to the difficulty of sharing

between ubiquitous terrestrial and

satellite licensees in the same frequency

band the Commission developed a band

plan that designates spectrum for

different types of high-density services.

The band plan is depicted in the

following table:

Frequencies Proposed commercial designations Other permissible operations

36.0–37.0 GHz ......................... No Change ....................................................... Current and Proposed Government Earth Exploration-Satellite/

Space Research, Fixed, and Mobile.

37.0–37.5 GHz ......................... Wireless Services ............................................. Proposed addition of Government co-primary Space Research

allocation to the 37.0–38.0 GHz band.1

37.5–38.5 GHz ......................... FSS (NGSO) and possible Wireless Underlay Proposed addition of Government co-primary Space Research

allocation to the 37.0–38.0 GHz band.

38.5–38.6 GHz ......................... Wireless Services.

38.6–40.0 GHz 2 ....................... Wireless Services.

40.0–40.5 GHz ......................... Wireless Services ............................................. Proposed addition of Government co-primary Space Research

and Earth Exploration-Satellite allocation to 40.0–40.5 GHz.

40.5–41.5 GHz ......................... FSS (GSO) and possible Wireless Underlay.

41.5–42.5 GHz 3 ....................... Wireless Services

42.5–43.5 GHz ......................... No Change ....................................................... Current Government Radioastronomy.

43.5–45.5 GHz ......................... No Non-Government Allocation ........................ Current Government FSS (Military).

45.5–46.7 GHz ......................... No Change ....................................................... Future Government Mobile, MSS, and Radionavigation-Satellite.

46.7–46.9 GHz ......................... No Change ....................................................... Current Unlicensed Commercial Vehicular Radar and Government Radionavigation-Satellite.

46.9–47.0 GHz ......................... Wireless Services.

47.0–47.2 GHz ......................... No Change ....................................................... Amateur.

47.2–48.2 GHz 4 ....................... Wireless Services.

48.2–49.2 GHz ......................... FSS (NGSO) and possible Wireless Underlay.

49.2–50.2 GHz ......................... FSS (GSO) and possible Wireless Underlay.

50.2–50.4 GHz ......................... No Change ....................................................... Government Passive Earth-Exploration Service.

50.4–51.4 GHz ......................... Wireless Services.

1Specific proposals for Government allocations at 37.0–38.0 GHz and 40.0–40.5 GHz will be addressed later in this document.

2We have already received comment on our proposal on this band segment and will take action in our 39 GHz proceeding. See In the Matter

of Amendment of the Commission’s Rules Regarding the 37.0–38.6 GHz and 38.6–40.0 GHz Bands—Implementation of Section 309(j) of the

Communications Act, Notice of Proposed Rulemaking and Order, 11 FCC Rcd 5930 (1995). 3As discussed above, we proposed this band, for licensed commercial use, in our Millimeter Wave NPRM and will address this proposal in a

separate proceeding. See In the Matter of Amendment of Parts 2 and 15 of the Commission’s Rules to Permit Use of Radio Frequencies Above

40 GHz for New Radio Applications, Notice of Proposed Rule Making, 9 FCC Rcd 7078 (1994). 4We have already received comment on our proposal on this band segment and will take action in our Millimeter Wave proceeding. See In the

Matter of Amendment of Parts 2 and 15 of the Commission’s Rules to Permit Use of Radio Frequencies Above 40 GHz for New Radio Applications, Notice of Proposed Rulemaking, 9 FCC Rcd 7078 (1994) and First Report and Order and Second Notice of Proposed Rulemaking, 11

FCC Rcd 4481 (1995).
16130 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Proposed Rules

5 13 CFR 121.201, Standard Industrial

Classification (SIC) Code 4899.

6U.S. Bureau of the Census, U.S. Department of

Commerce, 1992 Census of Transportation,

Communications, and Utilities, UC92–S–1, Subject

Series, Establishment and Firm Size, Table 2D,

Employment Size of Firms,: 1992, SIC Code 4899

(issued May 1995).

3. The Commission proposes to

designate 4 gigahertz of spectrum for

fixed-satellite services and 4.6 gigahertz

of spectrum for domestic wireless

services. The Notice of Proposed

Rulemaking seeks comment on the

overall band plan. Government

allocations also are present throughout

most of the 36–51.4 GHz spectrum. The

Commission has worked with the

National Telecommunications and

Information Administration to develop a

mechanism for commercial and

Government sharing in these bands.

4. The Commission proposes a series

of allocations consistent with its

proposed band plan. The Notice seeks

only to add, not delete, allocations to

the U.S. Table of Frequency Allocations.

First, the Commission proposes to

allocate the 37.5–38.5 GHz (space-toEarth) band and designate 48.2–49.2

GHz (Earth-to-space) for predominantly

non-geostationary orbit fixed-satellite

operations. The Commission proposes

to allocate the 40.5–41.5 GHz (space-toEarth) and designate the 49.2–50.2 GHz

bands for geostationary orbit fixedsatellite operations. Second, the

Commission seeks comment on

whether, and to what extent, other

terrestrial operations may be

accommodated in these fixed-satellite

bands. The Commission uses the term

‘‘underlay’’ service to describe this

concept.

5. Third, the Commission proposes to

upgrade the fixed and mobile

allocations in the 40.5–42.5 GHz band.

Fourth, the Commission proposes to add

a fixed allocation to the 46.9–47.0 GHz

band. Finally, the Commission proposes

to add allocations to the Government

column of the U.S. Table of Frequency

Allocations. NTIA has requested that a

primary Earth-Exploration Satellite

allocation (space-to-Earth) be added to

the Government column of the 37.0–

38.0 GHz band. The NTIA requests the

addition of a primary Space Research

and Earth-Exploration Satellite (Earthto-space) allocation to the Government

allocation at 40.0–40.5 GHz. NTIA also

requests the addition of a secondary

Earth-Exploration Satellite (space-toEarth) at 40.0–40.5 GHz. The

Commission proposes these allocations

for the Government column of the U.S.

Table of Frequency Allocations.

Initial Regulatory Flexibility Analysis

6. As required by Section 603 of the

Regulatory Flexibility Act, the

Commission has prepared an Initial

Regulatory Flexibility Analysis

(‘‘IRFA’’) of the expected significant

economic impact on small entities by

the policies proposed in this Notice of

Proposed Rulemaking. Written and

public comments are requested by the

IRFA and must be filed by the deadlines

for comments on this Notice.

I. Reason for Action

7. This rulemaking proceeding is

being initiated to obtain comment and

develop a record on certain proposals in

the 36–51.4 GHz frequency band.

Specifically, this Notice proposes to

designate spectrum for fixed-satellite

services, both geostationary and nongeostationary satellite orbit, systems at

37.5–38.5 GHz, 40.5–41.5 GHz, and

48.2–50.2 GHz. In addition, this Notice

seeks comment on a proposal to achieve

sharing between Government and nonGovernment operations in these bands.

Finally, this Notice outlines and seeks

comment on the domestic allocations

necessary to accommodate both

terrestrial and satellite services as

discussed in the item.

II. Objectives

8. The Commission seeks to allocate

spectrum for predominantly fixed

satellite uses, in a manner that

minimizes disruption to existing

services. The proposed band plan will

promote the technological

developments in the millimeter wave

bands (30–300 GHz), encourage effective

competition, and provide customers

with additional satellite service

providers.

III. Legal Basis

9. The proposed action is authorized

under the Administrative Procedure

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

4(j), 301 and 303 of the Communications

Act of 1934, as amended, 47 U.S.C. 151,

154(i), 154(j), 301, and 303.

IV. Description and Estimate of Small

Entities Subject to the Rules

10. The Commission has not

developed a definition of small entities

applicable to geostationary or nongeostationary orbit fixed-satellite service

licensees. Therefore, the applicable

definition of small entity is the

definition under the Small Business

Administration (SBA) rules applicable

to Communications services, Not

Elsewhere Classified. This definition

provides that a small entity is one with

$11.0 million in annual receipts.5

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.6 However,

since this is a new service, we are

unable, at this time, to provide a

reasonable estimate of how many of

these entities will be providing these

services.

V. Reporting, Recordkeeping, and

Other Compliance Requirements

11. The proposal under consideration

in this Notice, involve no reporting

requirements at this time. Final service

and licensing rules will be proposed at

a later date.

VI. Any Significant Alternatives

Considered

12. This Notice solicits comment on

other alternatives such as other

mechanisms of Government/nonGovernment sharing in these bands

proposed primarily for FSS uses. The

Notice also requests comment on

whether a sufficient amount of spectrum

has been designed for terrestrial and

satellite services or whether a different

split would be better.

13. The proposed fixed-satellite

designations would apply to those

bands proposed primarily for FSS uses.

Furthermore, the proposed Government

sharing mechanisms would apply to

satellite licensees throughout the 36–

51.4 GHz frequency band. This item

should positively impact both large and

small businesses by providing

additional spectrum in which to provide

services. Our proposals would not

displace incumbent operators. We will

be able to address small business

concerns regarding specific sub-bands

as we proceed to establishing licensing

and service rules for those bands.

VII. Federal Rules That Overlap,

Duplicate or Conflict With These

Proposed Requirements

14. None.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Proposed Rules 16131

Ordering Clauses

15. Accordingly, it is ordered that

pursuant to the authority contained in

sections 1, 4(i), 4(j), 301, and 303 of the

Communications Act of 1934, as

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

301, and 303, notice is hereby given of

our intent to adopt the policies set forth

in this Notice and that comment is

sought on all proposals in this Notice.

16. It is ordered that, the Petition for

Rule Making, filed by Motorola Satellite

Communications, Inc. is granted to the

extent it is consistent with our

proposals.

17. It is further ordered that the

Secretary shall send a copy of this

Notice of Proposed Rulemaking,

including the Initial Regulatory

Flexibility Analysis, to the Chief

Counsel for Advocacy of the Small

Business Administration in accordance

with paragraph 603(a) of the Regulatory

Flexibility Act, Pub. L. 96–354, 94 Stat.

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

Federal Communications Commission

William F. Caton,

Acting Secretary.

[FR Doc. 97–8562 Filed 4–3–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 192 and 195

[Docket No. PS–94; Notice 7]

RIN 2137–AB38

Qualification of Pipeline Personnel

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of public meeting;

correction.

SUMMARY: On February 21, 1997, RSPA’s

Office of Pipeline Safety (OPS)

published a notice of public meeting (62

FR 7985) that announced the first

meeting of an advisory committee to

conduct a negotiated rulemaking to

develop a proposed rule on

qualifications of pipeline employees

performing certain safety-related

functions on pipelines subject to the

pipeline safety regulations. The notice

also listed and described the

organizations represented on the

committee. This document makes two

minor revisions to the information in

that notice.

DATES: The advisory committee’s first

meeting will be held from 8:30 am to

5:00 pm on April 23–24, 1997.

ADDRESS: The advisory committee

meeting will be held in Room 10234–36

at the U.S. Department of

Transportation, Nassif Building, 400 7th

Street, SW, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Eben M. Wyman, (202) 366–0918,

regarding the subject matter of this

Notice; or the Dockets Unit, (202) 366–

4453, for copies of this document or

other material in the docket.

Correction of Publication

Room Number

On page 7985, in the second column,

the correct room number for the

advisory committee is 10234–36.

Description of Committee Members

On page 7986, at the bottom of the

second column, the text describing the

International Union of Operating

Engineers should read as follows: ‘‘This

labor organization represents the

interests of a substantial number of

pipeline workers.’’ In addition, the text

describing the International

Brotherhood of Electrical Workers

should read as follows: ‘‘This labor

organization represents approximately

21,000 pipeline construction and

maintenance workers.’’

Issued in Washington, DC, on March 31,

1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 97–8571 Filed 4–3–97; 8:45 am]

BILLING CODE 4910–06–P

National Highway Traffic Safety

Administration

49 CFR Part 571

Denial of Petition for Rulemaking;

Federal Motor Vehicle Safety

Standards

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Denial of petition for

rulemaking.

SUMMARY: This document denies

Hawkhill Technologies’ (Hawkhill)

petition to amend Federal Motor

Vehicle Safety Standard (FMVSS) No.

108, Lamps, reflective devices, and

associated equipment, to require

programmable turn signaling on all

vehicles. The turn signal system

Hawkhill proposed would allow the

driver to preset the amount of time a

turn signal remains activated before

automatically turning off.

FOR FURTHER INFORMATION CONTACT: Mr.

Chris Flanigan, Office of Safety

Performance Standards, NHTSA, 400

Seventh Street, SW, Washington, DC

20590. Mr. Flanigan’s telephone number

is: (202) 366–4918. His facsimile

number is (202) 366–4329.

SUPPLEMENTARY INFORMATION: By letter

dated November 20, 1996, Hawkhill

petitioned the agency to amend FMVSS

No. 108 to require all vehicles to have

programmable turn signaling capability.

More specifically, the turn signal

systems would allow drivers to preset

the amount of time their turn signals

will remain activated before they turn

off automatically. This would be

accomplished by the driver tapping the

turn signal lever. For each time the lever

is tapped, the turn signal would stay

activated for 4.5 seconds. Hawkhill’s

contention is that this would be a

virtually cost-free upgrade for vehicles

with turn signals that are already

computer-controlled. The computercontrolled turn signal system would

simply be redesigned to account for the

new system.

Hawkhill believes that drivers are

often lax in the way they operate turn

signals. According to Hawkhill, drivers

are most lax in situations where they

have to deactivate turn signals, such as

merge, exit, and lane change maneuvers.

Hawkhill believes that its system, which

allows drivers to program their turn

signals to automatically shut off after

some chosen time interval, would

reduce the number of instances when

drivers inadvertently leave their turn

signal on after completing the driving

maneuver.

In addition, Hawkhill believes its

automatic turn signal shut-off would

reduce the instances when vehicle

operators choose not to use their turn

signals to signal maneuvers. It believes

that this occurs in maneuvers where the

turn signals are commonly activated

using the ‘‘lane change’’ feature (where

the turn signal lever is pushed just far

enough to activate the turn signal, but

is deactivated when the driver removes

his or her hand). In these situations,

Hawkhill asserts that some drivers do

not use their signals because they are

not able to concentrate on the other

tasks necessary to complete the

maneuver while holding down the

lever.

Agency Analysis

NHTSA believes there are two distinct

issues involved in these claims.

Hawkhill’s latter claim relates to drivers

who fail to use their turn signals

because of some perceived difficulty.

NHTSA is very interested in actions that

would increase the use of turn signals

to alert other drivers of an impending

maneuver. However, Hawkhill provided