[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Proposed Rules]
[Pages 16129-16131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8562]


      

[[Page 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.

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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 non-
geostationary 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:

------------------------------------------------------------------------
                                     Proposed                           
          Frequencies               commercial       Other permissible  
                                   designations          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     Proposed addition of 
                                 possible           Government co-      
                                 Wireless           primary Space       
                                 Underlay.          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  Current Government   
                                 Allocation.        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.                              
------------------------------------------------------------------------
\1\ Specific proposals for Government allocations at 37.0-38.0 GHz and  
  40.0-40.5 GHz will be addressed later in this document.               
\2\ We 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).                                                      
\3\ As 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).                                                      
\4\ We 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).                                                  


[[Page 16130]]

    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-to-Earth) 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-to-Earth) and designate the 49.2-
50.2 GHz bands for geostationary orbit fixed-satellite 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 
(Earth-to-space) allocation to the Government allocation at 40.0-40.5 
GHz. NTIA also requests the addition of a secondary Earth-Exploration 
Satellite (space-to-Earth) 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 non-geostationary 
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 non-Government 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 non-geostationary 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.<SUP>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.<SUP>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.
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    \5\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4899.
    \6\ U.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).
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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/non-Government 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.

[[Page 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