[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Rules and Regulations]
[Pages 19509-19515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9827]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 95-18; FCC 97-93]


2 GHz for Use by the Mobile Satellite Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By this action, the Commission allocates 70 megahertz of 
spectrum at 1990-2025 MHz and 2165-2200 MHz to the Mobile-Satellite 
Service (MSS), to become available January 1, 2000. In order to make 
this spectrum available for MSS use, we are modifying the current 
Broadcast Auxiliary Service (BAS), Cable Television Relay Service 
(CARS), and Local Television Transmission Service (LTTS) allocation at 
1990-2110 MHz by providing an allocation instead at 2025-2130 MHz and 
proposing to rechannelize these latter services at 2 GHz, from seven 
channels of 17- and 18-megahertz bandwidths to seven channels of 15-
megahertz bandwidth. This allocation will allow the United States to 
participate in global MSS systems and realize the benefits to consumers 
of such systems. The 70 megahertz will also provide sufficient 
bandwidth for the operation of multiple service providers.

EFFECTIVE DATE: May 22, 1997.

FOR FURTHER INFORMATION CONTACT: Sean White, Office of Engineering and 
Technology, (202) 418-2453.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First 
Report and Order, ET Docket 95-18, FCC 97-93, adopted March 13, 1997, 
and released March 14, 1997. The full text of this Commission decision 
is available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington, 
D.C., and also may be purchased from the Commission's duplication 
contractor, International Transcription Service, (202) 857-3800, 2100 M 
Street, N.W., Suite 140, Washington, D.C. 20037.

Summary of the First Report and Order

    1. In the Report and Order, the Commission allocates 70 megahertz 
of spectrum at 1990-2025 MHz and 2165-2200 MHz to the Mobile-Satellite 
Service (MSS), effective January 1, 2000. In order to make this 
spectrum available for MSS use, we are modifying the current Broadcast 
Auxiliary Service (BAS), Cable Television Relay Service (CARS), and 
Local Television Transmission Service (LTTS) allocation at 1990-2110 
MHz by providing an allocation instead at 2025-2130 MHz and proposing 
to rechannelize these latter services at 2 GHz, from seven channels of 
17- and 18-megahertz bandwidths to seven channels of 15-megahertz 
bandwidth. We are proposing reaccommodation of existing BAS and Fixed 
Service (FS) operations in the 1990-2025 MHz, 2110-2130 MHz, and 2165-
2200 MHz bands in accordance with the policies we established in our 
Emerging Technologies proceeding.<SUP>1</SUP> We defer action on 
technical parameters and licensing issues for MSS in the 2 GHz band. 
Finally, we dispose of a related pioneer's preference request filed by 
Celsat America, Inc. (Celsat).
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    \1\ See In re Redevelopment of Spectrum to Encourage Innovation 
in the Use of New Telecommunications Technologies (Emerging 
Technologies), ET Docket 92-9, 57 FR 5993, February 19, 1992; First 
Report and Order and Second NPRM of Proposed Rule Making, FCC 92-
437, 7 FCC Rcd. 6886 (1992), 57 FR 49020, October 29, 1992; Second 
Report and Order, FCC 93-350, 8 FCC Rcd 6495 (1993), 58 FR 49220, 
September 22, 1993; Third Report and Order and Memorandum Opinion 
and Order, FCC 93-351, 8 FCC Rcd 6589 (1993), 58 FR 46547, September 
2, 1993; Memorandum Opinion and Order, FCC 94-60, 9 FCC Rcd 1943 
(1994), 59 FR 19642, April 25, 1994; Second Memorandum Opinion and 
Order, FCC 94-303, 9 FCC Rcd. 7797 (1994), 59 FR 65501, December 20, 
1994.
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A. Spectrum Allocation

    2. We find that it is in the public interest to allocate spectrum 
at 2 GHz to MSS. We note that the Radiocommunication Sector of the ITU 
estimates that up to 206 megahertz of additional spectrum will be 
needed for MSS by the year 2005. We believe that MSS would also provide 
another option for mobile communications, and would provide 
communications to underserved areas, such as rural and remote areas 
where PCS, cellular, and other mobile services are less feasible. There 
is clearly substantial interest in providing MSS communications in the 
2 GHz band, as demonstrated by the ten commenters who indicated they 
plan to provide mobile satellite service in the 2 GHz band.
    3. We further find that it is in the public interest to allocate 
the full 70 megahertz at 1990-2025 MHz (uplink) and 2165-2200 MHz 
(downlink) to MSS as proposed, rather than a lesser amount. Because of 
the projected need for more MSS spectrum internationally, WRC-95 
reallocated the 2010-2025 MHz portion to MSS in Region 2, effective 
January 1, 2005. As we stated in the NPRM <SUP>2</SUP>, we believe that 
any 2 GHz MSS allocation should be as consistent as possible with the 
WARC-92 and WRC-95 allocations. This will help ensure truly universal 
service. In making our domestic allocation, therefore, we are 
supporting international plans for MSS in the 2 GHz band. We believe 
that this allocation will allow the United States to participate in 
global MSS systems and realize the benefits to consumers of such 
systems. A 70 megahertz will also provide sufficient bandwidth for the 
operation of multiple service providers.
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    \2\ In re Amendment of Section 2.106 of the Commission's Rules 
to Allocate Spectrum at 2 GHz for Use by the Mobile-Satellite 
Service, ET Docket No. 95-18, Notice of Proposed Rule Making, 10 FCC 
Rcd 3230, 3233 (1995), 60 FR 11644, March 2, 1995.
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    4. Much of the spectrum for the proposed reallocation was 
identified as appropriate spectrum for reallocation to emerging 
technologies, such as MSS, in our Emerging Technologies proceeding. 
Some parties complain of scarcity of replacement spectrum in the 6 and 
11 GHz bands for 2 GHz incumbents. In our Emerging Technologies 
proceeding, however, we reallocated the 1850-1990, 2110-2150, and 2160-
2200 MHz bands from FS to emerging technologies, a total of 220 
megahertz. We made a total of 2,480 megahertz of spectrum available for 
relocated FS licensees in the 4, 6, 10, and 11 GHz bands. Even though 
some of the higher-frequency spectrum is shared with other services, we 
believe that there is enough spectrum in those bands to accommodate 
relocation of the incumbents of 220 megahertz of spectrum, including 
the existing 2110-2130 MHz and 2165-2200 MHz FS licensees.

B. Relocation of Existing 1990-2025 MHz Band Services

    5. The 1990-2025 MHz band is part of the 1990-2110 MHz band that is 
currently allocated to BAS, CARS, and LTTS. For this proceeding, we 
will collectively term these services BAS, and any changes in our 
regulatory structure applicable to BAS will be equally applicable to 
CARS and LTTS. We will treat CARS and LTTS in the same manner as BAS 
because both CARS and LTTS are authorized users of the 1990-2025 MHz 
band, and have invested in equipment to use the band, as has BAS. In 
the NPRM, we observed

[[Page 19510]]

that sharing between MSS and BAS is not feasible. We therefore proposed 
to add 35 megahertz of spectrum to the upper end of the BAS band at 
2110-2145 MHz and to relocate BAS incumbents currently occupying 1990-
2025 MHz to 2110-2145 MHz. This proposal would provide BAS with the 
same amount of spectrum it currently has. As possible alternatives, we 
inquired into the feasibility of requiring BAS incumbents to adopt more 
spectrally efficient technology to operate in the remaining 85 
megahertz at 2025-2110 MHz, or into the feasibility of moving all BAS 
operations to a higher frequency band. We further proposed requiring 
MSS providers to bear the cost of relocating the BAS incumbents.
    6. Based on the record, we conclude that it is necessary to 
relocate BAS in order to accommodate MSS in the 1990-2025 MHz band. As 
we indicated in the NPRM, and the commenting parties agree, BAS and MSS 
cannot share the spectrum without unacceptable mutual interference. 
Therefore, to reallocate the 1990-2025 MHz band to MSS, it will be 
necessary to clear this band of BAS.
    7. We reject Motorola's suggestion that we remove BAS from the 2 
GHz band entirely. We agree with commenters who point out that the 2 
GHz band has ideal propagation characteristics for mobile services 
including BAS, which must transmit along unengineered paths from 
unpredictable locations.
    8. BAS currently operates with 17-and 18-megahertz wide channels. 
Comments from both MSS interests and broadcasting interests lead us to 
believe that BAS may not need channels this wide, especially in light 
of the fact that advances in radio technology since the current 
channelization of BAS was established could make it possible for BAS to 
transmit contribution-quality signals in somewhat narrower channels. On 
the other hand, we do not agree with the position of the MSS community 
that we should reduce BAS to 12-and 13-megahertz channels and mandate a 
switch to digital transmission. We believe that a reduction of five 
megahertz per channel is too severe to permit FM analog contribution-
quality BAS signals, and we do not believe that this is the appropriate 
proceeding to determine whether or when BAS should convert to digital 
format in conjunction with the development of digital television. Some 
representatives of both industries, however, agree that BAS may be able 
to operate with 15-megahertz channels. We conclude that the best 
solution for BAS relocation is to reduce the BAS band at 2 GHz from 120 
to 105 megahertz, and relocate the band from 1990-2110 MHz to 2025-2130 
MHz. This would allow the resultant BAS band to be divided into seven 
channels of 15 megahertz each, thus retaining the current capacity of 
the BAS band. This solution is more spectrum-efficient than our primary 
proposal in the NPRM of simply relocating the 120-megahertz BAS band 
upward by 35 megahertz, and also more feasible than our alternate 
proposal of reducing the BAS band to 85 megahertz. Further, this 
solution will require the relocation of FS users from only 20 megahertz 
at 2110-2130 MHz, rather than 35 megahertz at 2110-2145 MHz, as in our 
primary proposal. However, we merely note here that a BAS band of 105 
megahertz will allow seven BAS channels. Rather than mandating channels 
in the new band, we explore possible alternate channelizations in the 
Further Notice of Proposed Rule Making (Further NPRM), released March 
14, 1997.
    9. Relocating BAS will require retuning of BAS equipment, and in 
many if not most cases replacing equipment or retrofitting equipment to 
allow improved intermediate frequency bandpass and adjacent-channel 
rejection, as pointed out by SBE. Because the new BAS band is in the 
same region of the spectrum as the current BAS band, we anticipate that 
no new facilities will need to be constructed. We do not foresee that 
there will be any need physically to relocate or rebuild any 
facilities. We are confident that the reaccommodation of BAS operations 
can be accomplished by simply replacing or retrofitting current 
equipment. The cost of all steps necessary for clearing the 1990-2025 
MHz band for MSS operations will be borne by MSS operators. The Further 
NPRM proposes rules and policies for clearing the 1990-2025 MHz band 
for MSS.

C. Relocation of Existing 2165-2200 MHz Band Services

    10. The 2165-2200 MHz band is currently allocated to private and 
commercial FS, but has been reserved for emerging technologies, such as 
MSS. In the NPRM, we stated that five higher bands have already been 
allocated during our Emerging Technologies proceeding for 
reaccommodation of the FS incumbents. We inquired whether sharing 
between MSS and FS would be feasible, and whether FS incumbents should 
be relocated. Finally, we proposed to require that MSS pay the costs of 
relocating FS incumbents, where necessary. The majority of commenters 
advocate applying the Emerging Technologies rules adopted in ET Docket 
92-9.
    11. We will provide for MSS sharing with, and any necessary 
relocation of, FS incumbents in accordance with the policies set forth 
in our Emerging Technologies proceeding. It is our policy to encourage 
spectrum sharing between emerging technologies services and incumbent 2 
GHz FS operations whenever technically feasible. Our rules do not 
require relocation of incumbents unless and until the incumbents will 
receive harmful interference from, or cause harmful interference to, a 
new technology service. COMSAT and LQP have provided studies indicating 
that sharing is possible on at least a short-term basis. At the same 
time, Motorola and some FS service representatives have criticized 
these studies, claiming that they fail to account for important 
factors. MSS and FS industry groups are currently working under the 
auspices of TIA to resolve differences over sharing models and adopt a 
set of mutually agreed sharing criteria. We encourage these efforts, 
and will consider the product of these efforts for inclusion in our 
rules as the standard for evaluating the likelihood of unacceptable 
MSS/FS interference. MSS cannot begin operations until its spectrum is 
cleared of all FS licensees who would receive harmful interference from 
MSS, but MSS will not be required to relocate any FS incumbent with 
whom it can successfully share spectrum. If a specific FS operation 
does not receive unacceptable levels of interference until several 
years after the beginning of MSS operations, MSS will not be required 
to relocate the FS licensee until that interference occurs. Where 
sharing proves infeasible, however, we will allow the MSS operator to 
relocate the incumbent FS operation to bands above 5 GHz. We will 
address the precise mechanism for relocation in the Further NPRM.

D. Technical Parameters for MSS Systems

    12. We are deferring consideration of these technical issues until 
after we have accepted applications for system licenses in these bands. 
We are not persuaded by arguments for or against restricting use of the 
spectrum exclusively to either GSO or LEO systems. Either system can 
provide global coverage, and while a GSO system offers many advantages 
for domestic-only systems, we do not wish to rule out innovative 
designs before they are submitted. Further, as Motorola pointed out, in 
our proceeding to license Big LEO systems, we concluded that there was 
no support for a finding

[[Page 19511]]

that CDMA is inherently superior to TDMA as an access method. We 
believe that the market will be the best judge of the relative 
desirability of different access methods. We also believe that we will 
be in a better position to determine whether and what power limits we 
should adopt and to evaluate Celsat's proposal for a hybrid PCS/MSS 
system after we have received license applications and supporting 
documentation. Finally, we will address feeder link spectrum in 
proceedings addressing those bands.

E. Licensing by Competitive Bidding

    13. We will defer the decision on whether to license MSS in these 
bands by competitive bidding until after we have accepted applications 
for licensing. As many commenters point out, we will not know if there 
is mutual exclusivity until we receive license applications. At that 
point, we will decide whether engineering solutions or other methods 
may solve mutual exclusivity, and if not, precisely how we will 
structure auctions.

F. Disposition of Celsat's Pioneer's Preference Request

    14. Our pioneer's preference rules were established to provide a 
means of extending preferential treatment in our licensing processes to 
parties that demonstrate their responsibility for developing new 
communications services and technologies. A party awarded a pioneer's 
preference receives the right to obtain a license to operate in the 
service that it has innovated, using the design and technologies upon 
which its award is based. The pioneer's preference rules ensure that 
innovators have an opportunity to participate either in new services 
which they take a lead in developing or in existing services which they 
substantially enhance. A pioneer's preference applicant must persuade 
us that its proposal is innovative, has merit, and that it is the 
original developer of the innovation at issue.
    15. Under the pioneer's preference rules, a necessary condition for 
the award of a preference is that the applicant demonstrate that it has 
developed the capabilities or possibilities of a new technology or 
service, or demonstrate that it has brought the technology or service 
to a more advanced or effective state. A preference is granted only if 
the service rules adopted are a reasonable outgrowth of the applicant's 
proposal and lend themselves to the grant of a preference. The 
applicant must also demonstrate that the new technology or service is 
technically feasible by submitting either the summarized results of an 
experiment or a technical showing. Finally, preferences are not granted 
casually. Rather, each applicant has a significant burden to persuade 
us that its proposal is innovative.
    16. We deferred action on Celsat's pioneer's preference request 
until final action had been taken in the pioneer's preference review 
proceeding, ET Docket No. 93-266. Action has now been completed in that 
proceeding; accordingly, we herein take action on Celsat's pioneer's 
preference request. We find that Celsat's pioneer's preference request 
fails to meet the pioneer's preference criteria. We find Celsat's 
proposal insufficiently innovative to warrant a pioneer's preference, 
and we find that Celsat has not demonstrated the technical feasibility 
of its proposal.

Final Regulatory Flexibility Analysis

    17. As required by Section 603 of the Regulatory Flexibility Act 
(RFA), 5 U.S.C. 603, an Initial Regulatory Flexibility Analysis (IRFA) 
was incorporated into the Notice of Proposed Rule Making (NPRM) in ET 
Docket No. 95-18.<SUP>3</SUP> The Commission sought written public 
comment on the proposals in the NPRM, including the IRFA. This Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA, as amended 
by the Contract with America Advancement Act of 1996.<SUP>4</SUP>
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    \3\ In re Amendment of Section 2.106 of the Commission's Rules 
to Allocate Spectrum at 2 GHz for Use by the Mobile-Satellite 
Service, ET Docket No. 95-18, NPRM of Proposed Rule Making, 10 FCC 
Rcd 3230, 3233 (1995), 60 FR 11644, March 2, 1995.
    \4\ Public Law 104-121, 110 Stat. 847 (1996) (Subtitle II of the 
Small Business Regulatory Enforcement Fairness Act of 1996; 5 U.S.C. 
Sec. 601 et seq). 
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A. Need for and Objectives of the Proposed Rule

    18. In this Report and Order the Commission allocates 70 megahertz 
of spectrum for use by the Mobile-Satellite Service (MSS). The 
proposals adopted herein comport with international actions at the 1995 
World Radiocommunications Conference and provide needed spectrum for 
mobile satellite communications.

B. Summary of Significant Issues Raised by the Public Comments in 
Response to the IRFA

    19. No comments were submitted in direct response to the IRFA. The 
Association for Maximum Service Television, et al (MSTV) and Creative 
Broadcast Techniques, Inc. and the New Vision Group, Inc. (CBT) assert 
that licensees in the Broadcast Auxiliary Service (BAS) and the Local 
Transmission Television Service (LTTS), many of whom may be small 
entities, must be compensated for the costs of relocation, if they are 
required to relocate from spectrum being reallocated to 
MSS.<SUP>5</SUP> Similarly, The American Petroleum Institute (API), the 
Association of American Railroads (AAR), BellSouth Corporation 
(BellSouth), and UTC insist that Fixed Service (FS) licensees, many of 
whom may be small entities, must be compensated for the costs of 
relocation, if they are required to relocate from spectrum being 
reallocated to MSS.<SUP>6</SUP>
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    \5\ See MSTV Comments at 17; CBT Comments at 7.
    \6\ See API Comments at 12-14; AAR Comments at 2-5; APCO 
Comments at 2-3; BellSouth Comments at 3-4; UTC Comments at 1-2.
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C. Description and Estimate of the Number of Small Entities Subject to 
Which the Rules Will Apply

    20. For the purposes of this Report and Order, the RFA defines a 
small business as identical to a small business concern under the Small 
Business Act, 15 U.S.C. 632, unless the Commission has developed one or 
more definitions that are appropriate to its activities.<SUP>7</SUP> 
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) meets any additional criteria established by the 
Small Business Administration (SBA).<SUP>8</SUP> The rules adopted in 
this Report and Order will apply to BAS, LTTS, Cable Television Relay 
Service (CARS), and FS licensees, and satellite communications 
companies.
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    \7\ See 5 U.S.C. Sec. 601(3).
    \8\ 15 U.S.C. Sec. 632.
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(a) BAS, LTTS, and Cable Television Relay Service (CARS) Licensees
    This service involves a variety of transmitters, generally used to 
relay broadcast programming to the public (through translator and 
booster stations) or within the program distribution chain (from a 
remote news gathering unit back to the station). It also includes 
Instructional Television Fixed Service stations, which are used to 
relay programming to the home or office, similar to that provided by 
the cable television systems. The Commission has not developed a 
definition of small entities applicable to Broadcast Auxiliary Service, 
Local Television Transmission Service or Cable Television Relay 
Service. Therefore, the applicable definition of small entity is the 
definition under the Small Business Administration (SBA) rules 
applicable to radiotelephone companies. SBA has

[[Page 19512]]

defined a small business for Standard Industrial Classification (SIC) 
category 4812 (Radiotelephone Communications) to be small entities when 
they have fewer than 1500 employees.<SUP>9</SUP>
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    \9\ 13 CFR 121.201 Standard Industrial Classification (SIC) Code 
4812.
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(b) Fixed Service Licensees
    This Report and Order pertains to fixed service microwave 
licensees. The Commission has not developed a definition of small 
entities applicable to Fixed Service microwave licensees. Therefore, 
the applicable definition of small entity is the definition under the 
Small Business Administration (SBA) rules applicable to radiotelephone 
companies. This definition provides that a small entity is a 
radiotelephone company employing fewer than 1,500 persons. Census 
Bureau data indicates that there are 1,164 radiotelephone companies 
with fewer than 1500 employees, that might qualify as small entities if 
they are independently owned and operated. Since the Regulatory 
Flexibility Act amendments were not in effect until the record in this 
proceeding was closed, the Commission was unable to request information 
regarding the number of small businesses that would be affected by this 
action.
(c) Satellite Communications Services
    The Commission has not developed a definition of small entities 
applicable to satellite communications 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 or less in annual 
receipts.<SUP>10</SUP> 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>11</SUP>
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    \10\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4899.
    \11\ 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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    21. Describing and estimating the number of small entities these 
rules will impact is made difficult by a number of factors. First of 
all, information from the Satellite Industry Association and financial 
analysts who specialize in this market indicate that there are few 
firms that could be traditionally thought of as small businesses. They 
point to to the fact that this is a capital intensive industry that 
requires ``significant partner funding and/or contract commitments 
prior to approaching commercial financing sources.'' <SUP>12</SUP>
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    \12\ See ``Financing the Final Frontier: Funding Commercial 
Space Activities'' Bear Stearns, Global Space & Satellite Finance 
Report.
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    22. There are however, a number of firms who identify themselves as 
small entities including: Columbia Corp., CTA, Mobile Communications 
Holdings, Inc. (MCHI), Orion, TelQuest Ventures, L.L.C., and possibly 
others. Several of these companies have submitted comments to the 
Commission's Section 257 proceeding to identify and eliminate market 
entry barriers for small businesses.<SUP>13</SUP>
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    \13\ See GN Docket 96-113.
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D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirement

    23. The rules adopted in this Report and Order do not specify 
details of the process by which BAS, LTTS, CARS, and FS licensees will 
be relocated. Therefore, the rules impose no additional reporting, 
recordkeeping or other compliance requirements.

E. Significant Alternatives and Steps Taken to Minimize Significant 
Economic Impact on a Substantial Number of Small Entities Consistent 
With Stated Objectives

    24. MSS licensees in the 2 GHz band will be required to bear the 
cost of relocating and rechannelizing BAS, LTTS, and CARS licensees in 
the 2 GHz band. Any MSS licensee in the 2 GHz band will be required to 
bear the cost of relocating any FS licensee with which it cannot share 
spectrum or which must be relocated to clear spectrum for BAS. The 
Commission considered the alternative of requiring BAS, LTTS, CARS, and 
FS licensees to bear the cost of relocating themselves, but rejected 
this alternative as unfairly burdensome on BAS, LTTS, CARS, and FS 
licensees.

F. Report to Congress

    25. The Commission will send a copy of this FRFA, along with this 
Report and Order, in a report to Congress pursuant to the Small 
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
801(a)(1)(A). A copy of this FRFA is published in this document.

List of Subjects in 47 CFR Part 2

    Communications equipment, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rules Changes

    Part 2 of Title 47 of the Code of Federal Regulations is amended 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: Sec. 4, 302, 303, and 307 of the Communications Act 
of 1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307, 
unless otherwise noted.

    2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
    a. Remove the existing entries for 1980-2200 MHz.
    b. Add entries in numerical order for 1980-2200 MHz.
    c. In the International Footnotes under heading I, add in numerical 
order footnotes S5.388, S5.389A, S5.389B, S5.389C, S5.389D, S5.389E, 
S5.389F, S5.391, S5.392, and S5.392A.
    d. In the International Footnotes under heading II, remove 
footnotes 747A and 750A.
    e. Revise non-Government footnotes NG118 and NG153.
    The revisions and additions read as follows:

[[Page 19513]]

Sec. 2.106  Table of Frequency Allocations.

                                                                                                                
                                                                                                                
               International table                       United States table            FCC use designators     
----------------------------------------------------------------------------------------------------------------
                                                     Government    Non-Government                               
   Region 1--       Region 2--       Region 3--   -------------------------------- Rule part(s)    Special-use  
 allocation MHz   allocation MHz   allocation MHz  Allocation MHz  Allocation MHz                  frequencies  
(1)              (2)              (3)              (4)             (5)             (6)           (7)            
----------------------------------------------------------------------------------------------------------------
       *                *                *                *               *              *              *       
----------------------------------------------------------------------------------------------------------------
1980-1990        1980-1990        1980-1990        1980-1990       1980-1990                                    
FIXED            FIXED            FIXED                            FIXED           FIXED                        
                                                                                    MICROWAVE                   
                                                                                    (101)                       
MOBILE           MOBILE           MOBILE                           MOBILE          MOBILE                       
MOBILE-SATELLIT  MOBILE-          MOBILE-SATELLIT                                  PERSONAL                     
 E (Earth-to-     SATELLITE        E (Earth-to-                                     COMMUNICATI                 
 space)           (Earth-to-       space)                                           ONS (24)                    
                  space)                                                                                        
S5.388 S5.389A   S5.388 S5.389A   S5.388 S5.389A                                                                
 S5.389F          S5.389B                                                                                       
----------------------------------------------------------------------------------------------------------------
1990-2010        1990-2010        1990-2010        1990-2010       1990-2010                                    
FIXED            FIXED            FIXED                            MOBILE-         AUXILIARY                    
                                                                    SATELLITE       BROADCASTIN                 
                                                                    (Earth-to-      G (74)                      
                                                                    space)                                      
MOBILE           MOBILE           MOBILE                                           CABLE                        
                                                                                    TELEVISION                  
                                                                                    (78)                        
MOBILE-SATELLIT  MOBILE-          MOBILE-                                          SATELLITE                    
 E (Earth-to-     SATELLITE        SATELLITE                                        COMMUNICATI                 
 space)           (Earth-to-       (Earth-to-                                       ONS (25)                    
                  space)           space)                                                                       
S5.388 S5.389A   S5.388 S5.389A   S5.388 S5.389A   US111           US111                                        
 S5.389F                                                                                                        
----------------------------------------------------------------------------------------------------------------
2010-2025        2010-2025        2010-2025        2010-2025       2010-2025       AUXILLIARY                   
                                                                                    BROADCASTIN                 
                                                                                    G (74)                      
FIXED            FIXED            FIXED                                            CABLE                        
                                                                                    TELEVISION                  
                                                                                    (78)                        
MOBILE           MOBILE           MOBILE                           MOBILE-         SATELLITE                    
                                                                    SATELITTE       COMMUNICATI                 
                                                                    (Earth-to-      ONS (25)                    
                                                                    space)                                      
                 MOBILE-                                           SATELLITE                                    
                  SATELLITE                                         COMMUNICATION                               
                  (Earth-to-                                        S (25)                                      
                  space)                                                                                        
S5.388           S5.388 S5.389C   S5.388           US111           US111                                        
                  S5.389D                                                                                       
                  S5.389E                                                                                       
----------------------------------------------------------------------------------------------------------------
2025-2110        2025-2110        2025-2110        2025-2110       2025-2110                                    
SPACE OPERATION  SPACE OPERATION  SPACE OPERATION                  FIXED           AUXILIARY                    
 (Earth-to-       (Earth-to-       (Earth-to-                                       BROADCASTIN                 
 space) (space-   space) (space-   space) (space-                                   G (74)                      
 to-space)        to-space)        to-space)                                                                    
EARTH            EARTH            EARTH                            MOBILE          CABLE                        
 EXPLORATION-     EXPLORATION-     EXPORATION-                                      TELEVISION                  
 SATELLITE        SATELLITE        SATELLITE                                        (78)                        
 (Earth-to-       (Earth-to-       (Earth-to-                                                                   
 space) (space-   space) (space-   space) (space-                                                               
 to-space)        to-space)        to space)                                                                    
FIXED            FIXED            FIXED                                                                         
MOBILE S5.391    MOBILE S5.391    MOBILE S5.391                                                                 
SPACE RESEARCH   SPACE RESEARCH   SPACE RESEARCH                                                                
 (Earth-to-       (Earth-to-       (Earth-to-                                                                   
 space) (space-   space) (space    space) (space-                                                               
 to-space)        to space)        to-space)                                                                    
S5.392           S5.392           S5.392           US90 US111      US90 US111                                   
                                                    US219 US222     US219 US222                                 
                                                                    NG23 NG118                                  
----------------------------------------------------------------------------------------------------------------
2110-2120        2110-2120        2110-2120        2110-2120       2110-2120                                    
FIXED            FIXED            FIXED                            FIXED           AUXILIARY                    
                                                                                    BROADCASTIN                 
                                                                                    G (74)                      

[[Page 19514]]

                                                                                                                
MOBILE           MOBILE           MOBILE                           MOBILE          CABLE                        
                                                                                    TELEVISION                  
                                                                                    (78)                        
SPACE RESEARCH   SPACE RESEARCH   SPACE RESEARCH                                   FIXED                        
 (deep space)     (deep space)     (deep space)                                     MICROWAVE                   
 (Earth-to-       (Earth-to-       (Earth-to-                                       (101)                       
 space)           space)           space)                                                                       
                                                                                   PUBLIC                       
                                                                                    MOBILE (22)                 
S5.388           S5.388           S5.388           US111 US252     US111 US252                                  
                                                                    NG23 NG118                                  
----------------------------------------------------------------------------------------------------------------
2120-2130        2120-2130        2120-2130        2120-2130       2120-2130                                    
FIXED            FIXED            FIXED                            FIXED           AUXILIARY                    
                                                                                    BROADCASTIN                 
                                                                                    G (74)                      
MOBILE           MOBILE           MOBILE                           MOBILE          CABLE                        
                                                                                    TELEVISION                  
                                                                                    (78)                        
                 Moible-                                                           FIXED MIRCO-                 
                  Satellite                                                         WAVE (101)                  
                  (space-to-                                                                                    
                  Earth)                                                                                        
                                                                                   PUBLIC                       
                                                                                    MOBILE (22)                 
S5.388           S5.388           S5.388                           NG23 NG118                                   
----------------------------------------------------------------------------------------------------------------
2130-2150        2130-2150        2130-2150        2130-2150       2130-2150                                    
FIXED            FIXED            FIXED                            FIXED           FIXED MICRO-  EMERGING       
                                                                                    WAVE (101)    TECHNOLOGIES  
MOBILE           MOBILE           MOBILE                           MOBILE          PUBLIC                       
                                                                                    MOBILE (22)                 
                 Mobile-                                                                                        
                  Satellite                                                                                     
                  (space-to-                                                                                    
                  Earth)                                                                                        
S5.388           S5.38            S5.388                           NG23 NG153                                   
----------------------------------------------------------------------------------------------------------------
2150-2160        2150-2160        2150-2160        2150-2160       2150-2160                                    
FIXED            FIXED            FIXED                            FIXED           DOMESTIC                     
                                                                                    PUBLIC                      
                                                                                    FIXED (21)                  
MOBILE           MOBILE           MOBILE                                           FIXED MICRO-                 
                                                                                    WAVE (101)                  
                 Mobile-                                                                                        
                  Satellite                                                                                     
                  (space-to-                                                                                    
                  Earth)                                                                                        
S5.388           S5.388           S5.388                           NG23                                         
----------------------------------------------------------------------------------------------------------------
2160-2165        2160-2165        2160-2165        2160-2165       2160-2165                                    
FIXED            FIXED            FIXED                            FIXED           DOMESTIC      EMERGING       
                                                                                    PUBLIC        TECHNOLOGIES  
                                                                                    FIXED (21)                  
MOBILE           MOBILE           MOBILE                           MOBILE          FIXED MICRO-                 
                                                                                    WAVE (101)                  
                 MOBILE-                                                           PUBLIC                       
                  SATELLITE                                                         MOBILE (22)                 
                  (space-to-                                                                                    
                  Earth)                                                                                        
S5.388 S5.392A   S5.388 S5.389C   S5.388                           NG23 NG153                                   
                  S5.389D                                                                                       
                  S5.389E                                                                                       
----------------------------------------------------------------------------------------------------------------
2165-2170        2165-2170        2165-2170        2165-2170       2165-2170                                    
FIXED            FIXED            FIXED                            MOBILE-         FIXED MICRO-                 
                                                                    SATELLITE       WAVE (101)                  
                                                                    (space-to-                                  
                                                                    Earth)                                      
MOBILE           MOBILE           MOBILE                                           PUBLIC                       
                                                                                    MOBILE (22)                 
                 MOBILE-                                                           SATELLITE                    
                  SATELLITE                                                         COMMUNICATI                 
                  (space-to-                                                        ONS (25)                    
                  Earth)                                                                                        
S5.388 S5.392A   S5.388 S5.389C   S5.388                           NG23                                         
                  S5.389D                                                                                       
                  S5.389E                                                                                       
----------------------------------------------------------------------------------------------------------------

[[Page 19515]]

                                                                                                                
2170-2200        2170-2200        2170-2200        2170-2200       2170-2200                                    
FIXED            FIXED            FIXED                            MOBILE-         FIXED MIRCO-                 
                                                                    SATELLITE       WAVE (101)                  
                                                                    (space-to-                                  
                                                                    Earth)                                      
MOBILE           MOBILE           MOBILE                                           PUBLIC                       
                                                                                    MOBILE (22)                 
MOBILE-          MOBILE-          MOBILE-                                          SATELLITE                    
 SATELLITE        SATELLITE        SATELLITE                                        COMMUNICATI                 
 (space-to        (space-to        (space-to                                        ONS (25)                    
 Earth)           Earth)           Earth)                                                                       
S5.388 S5.389A   S5.388 S5.389A   S5.388 S5.389A                   NG23                                         
 S5.389F                                                                                                        
 S5.392A                                                                                                        
----------------------------------------------------------------------------------------------------------------
       *                *                *                *               *              *              *       

International Footnotes

* * * * *

I. New ``S'' Numbering Scheme

* * * * *
    S5.388  The bands 1885-2025 MHz and 2110-2200 MHz are intended 
for use, on a worldwide basis, by administrations wishing to 
implement the future public land mobile telecommunication systems 
(FPLMTS). Such use does not preclude the use of these bands by other 
services to which these bands are allocated. The bands should be 
made available for FPLMTS in accordance with Resolution 212 
(Rev.WRC-95).
    S5.389A  The use of the bands 1980-2010 MHz and 2170-2200 MHz by 
the mobile-satellite service is subject to coordination under 
Resolution 46 (Rev.WRC-95)/No. S9.11A and to the provisions of 
Resolution 716 (WRC-95). The use of these bands shall not commence 
before 1 January 2000; however the use of the band 1980-1990 MHz in 
Region 2 shall not commence before 1 January 2005.
    S5.389B  The use of the band 1980-1990 MHz by the mobile-
satellite service shall not cause harmful interference to or 
constrain the development of the fixed and mobile services in 
Argentina, Brazil, Canada, Chile, Ecuador, the United States, 
Honduras, Jamaica, Mexico, Peru, Suriname, Trinidad and Tobago, 
Uruguay and Venezuela.
    S5.389C  The use of the bands 2010-2025 MHz and 2160-2170 MHz in 
Region 2 by the mobile-satellite service shall not commence before 1 
January 2005 and is subject to coordination under Resolution 46 
(Rev.WRC-95)/No. S9.11A and to the provisions of Resolution 716 
(WRC-95).
    S5.389D  In Canada and the United States the use of the bands 
2010-2025 MHz and 2160-2170 MHz by the mobile-satellite service 
shall not commence before 1 January 2000.
    S5.389E  The use of the bands 2010-2025 MHz and 2160-2170 MHz by 
the mobile-satellite service in Region 2 shall not cause harmful 
interference to or constrain the development of the fixed and mobile 
services in Regions 1 and 3.
    S5.389F  In Algeria, Benin, Cape Verde, Egypt, Mali, Syria and 
Tunisia, the use of the bands 1980-2010 MHz and 2170-2200 MHz by the 
mobile-satellite service shall neither cause harmful interference to 
the fixed and mobile services, nor hamper the development of those 
services prior to 1 January 2005, nor shall the former service 
request protection from the latter services.
    S5.391  In making assignments to the mobile service in the bands 
2025-2110 MHz and 2200-2290 MHz, administrations shall take into 
account Resolution 211 (WARC-92).
    S5.392  Administrations are urged to take all practicable 
measures to ensure that space-to-space transmissions between two or 
more non-geostationary satellites, in the space research, space 
operations and Earth exploration-satellite services in the bands 
2025-2110 MHz and 2200-2290 MHz, shall not impose any constraints on 
Earth-to-space, space-to-Earth and other space-to-space 
transmissions of those services and in those bands between 
geostationary and non-geostationary satellites.
    S5.392A  Additional allocation: in Russia, the band 2160-2200 
MHz is also allocated to the space research service (space-to-Earth) 
on a primary basis until 1 January 2005. Stations in the space 
research service shall not cause harmful interference to, or claim 
protection from, stations in the fixed and mobile services operating 
in this frequency band.
* * * * *

Non-Government (NG) Footnotes

* * * * *
    NG118  Television translator relay stations may be authorized to 
use frequencies in the 2025-2130 MHz band on a secondary basis to 
stations operating in accordance with the Table of Frequency 
Allocations.
* * * * *
    NG153  The 2145-2150 MHz and 2160-2165 MHz bands are reserved 
for future emerging technologies on a co-primary basis with the 
fixed and mobile services. Allocations to specific services will be 
made in future proceedings.
* * * * *
[FR Doc. 97-9827 Filed 4-21-97; 8:45 am]
BILLING CODE 6712-01-P