Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31557

FNPRM and Order comply with a

maximum peak output power limit of

100 mW. In addition, any devices so

conditionally authorized will have to

comply with whatever rules we

ultimately adopt for digital modulation

systems in the 2.4 MHz band.

Accordingly, we are instructing the

Commission’s Office of Engineering and

Technology (‘‘OET’’) to re-examine the

Wi-LAN application for certification of

its W–OFDM system for its compliance

with the above listed portions of 47 CFR

15.247 of the rules and the power limits

indicated. OET shall also accept

applications for equipment certification

under 47 CFR 15.247 for other devices

using digital modulation techniques if

the equipment complies with the

provisions stated in the FNPRM and

Order. Such applications submitted

pursuant to the provisions of the

FNPRM and Order need not be

accompanied by a formal waiver

request, but should state that they fall

within the terms of the FNPRM and

Order as to the waiver. Any such

applications will be subjected to the

conditions set forth in the FNPRM and

Order, including that operation is

conditioned on compliance with any

final rules that may be adopted in this

proceeding.

2. Pursuant to sections 4(i), 301, 302,

303(e), 303(f), and 303(r) of the

Communications Act of 1934, as

amended, 47 U.S.C. Sections 154(i), 301,

302, 303(e), 303(f), and 303(r), the

Application for Review filed by WiLAN, Inc., on September 20, 2000 is

hereby DENIED.

List of Subjects in 47 CFR Part 15

Communications equipment.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–14525 Filed 6–11–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[IB Docket No. 00–203; FCC 01–177]

Blanket Licensing for Small Aperture

Terminals in the C-Band and Routine

Licensing of 3.7 Meter Transmit and

Receive Stations at C-Band

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document adopts rules

that are designed to provide wider

access to electronic commerce in

underserved rural areas of America by

facilitating the deployment of small

antenna terminals in C-band satellite

networks under a single authorization,

with prior frequency coordination.

DATES: Effective July 12, 2001.

FOR FURTHER INFORMATION CONTACT:

Edward R. Jacobs, Planning and

Negotiations Division, International

Bureau, (202) 418–0624 or via electronic

mail: ejacobs@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s First

Report and Order in IB Docket No. 00–

203, FCC 01–177, adopted May 23, 2001

and released May 25, 2001. The Notice

of Proposed Rulemaking (NPRM) in IB

Docket No. 00–203, FCC 00–369, was

adopted October 13, 2000 and released

October 24, 2000. 65 FR 70541,

November 24, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room CY–A257) 445 12th

Street, SW., Washington, DC and may

also be purchased from the Commission

copy contractor, International

Transcription Services (ITS), Inc., (202)

857–3800, 1231 20th Street, NW.,

Washington, DC 20036.

Summary of the First Report and Order

In the First Report and Order in this

proceeding, the Commission amends

part 25 of its rules to give operators the

option of obtaining licenses for a limited

class of small aperture terminal earth

station networks in the C-band (CSAT),

under a single authorization. This

option is available only to those seeking

licensing of CSAT networks that use no

more than 40 MHz of C-band spectrum

for each of no more than three satellite

locations within the visible

geostationary satellite arc. That is, this

option provides for streamline licensing

of a system that uses no more than 20

MHz of uplink and 20 MHz of downlink

spectrum for each of a maximum of 3

satellites. The 20 MHz of uplink and 20

MHz of downlink spectrum may be

different for each of the 3 satellites.

Among other things, these procedures

require CSAT applicants to complete

frequency coordination for each

individual earth station before bringing

it into use. The Commission finds that

these changes will promote more

efficient and equitable use of C-band

spectrum shared by the fixed service

(FS) and fixed-satellite service (FSS). In

those cases where these streamlined

procedures can be used, it will also

alleviate concerns that individual

licensing of earth stations in a network

of small aperture terminal earth stations

could result in longer overall license

processing times, increased consumer

costs, and additional administrative

burdens. In addition, where CSAT earth

stations have been coordinated, the

streamlined rules allow providers to

operate on a conditional basis until final

approval, facilitating deployment of

systems and service to the public.

Final Regulatory Flexibility Analysis

As required by the Regulatory

Flexibility Act (RFA), an Initial

Regulatory Flexibility Analysis (IRFA)

of the possible significant economic

impact on small entities was

incorporated in the FWCC/Onsat/

Hughes NPRM. 65 FR 70541, November

24, 2000. The Commission sought

written public comments on the

proposals in the FWCC/Onsat/Hughes

NPRM including comment on the IRFA.

This present Final Regulatory Flexibility

Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Rules

In this First Report and Order, the

Commission provides for a streamlined

licensing procedure that will allow the

licensing of large networks of small

earth station terminals in the 4 and 6

GHz bands. These streamlined

procedures will better enable the rapid

delivery of earth station services,

including broadband access, to rural

Americans.

B. Summary of Significant Issues Raised

by Public Comments in Response to the

IRFA

No comments were submitted in

direct response to the IRFA.

C. Description and Estimate of the

Number of Small Entities to Which the

Rules Will Apply

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 adopted

rules. The RFA generally defines the

term ‘‘small entity’’ as having the same

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small

governmental jurisdiction.’’ In addition,

the term ‘‘small business’’ has the same

meaning as the term ‘‘small business

concern’’ under the Small Business Act.

A small business concern is one which:

(1) is independently owned and

operated; (2) is not dominant in its field

of operation; and (3) satisfies any

additional criteria established by the

Small Business Administration (SBA). A

small organization is generally ‘‘any notfor-profit enterprise which is

independently owned and operated and

is not dominant in its field.’’

31558 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

D. International Services

The Commission has not developed a

definition of small entities applicable to

licensees in the international services.

Therefore, the applicable definition of

small entity is generally the definition

under the SBA rules applicable to

Communications Services, Not

Elsewhere Classified (NEC). This

definition provides that a small entity is

one with $11.0 million or less in annual

receipts. According to the Census

Bureau, there were a total of 848

communications service providers,

NEC, in operation in 1992, and a total

of 775 had annual receipts of less than

$9.999 million. The Census report does

not provide more precise data.

1. Fixed Satellite Transmit/Receive

Earth Stations. Currently there are over

2000 operational fixed satellite

transmit/receive earth stations

authorized for use in the C-band. We do

not request or collect annual revenue

information, and thus are unable to

estimate the number of earth stations

that would constitute a small business

under the SBA definition.

2. Mobile Satellite Earth Station

Feeder Links. There are currently no

licenses for MSS earth station feeder

links in the frequency bands addressed

in this First Report and Order.

3. Space Stations (Geostationary).

Commission records reveal that there

are 6 space station licensees at C-band.

We do not request nor collect annual

revenue information, and thus are

unable to estimate of the number of

geostationary space stations that would

constitute a small business under the

SBA definition, or apply any rules

providing special consideration for

Space Station (Geostationary) licensees

that are small businesses.

4. Space Stations (NonGeostationary). There are currently no

Non-Geostationary Space Station

licensees at C-band.

5. Direct Broadcast Satellites. There

are currently no DBS licensees at Cband.

6. Auxiliary, Special Broadcast and

other program distribution services.

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). At the frequencies under

consideration in this proceeding there

are no transmissions of this type

directly to the public. The Commission

has not developed a definition of small

entities applicable to broadcast auxiliary

licensees. Therefore, the applicable

definition of small entity is the

definition under the Small Business

Administration (SBA) rules applicable

to radio broadcasting stations (SIC 4832)

and television broadcasting stations (SIC

4833). These definitions provide,

respectively, that a small entity is one

with either $5.0 million or less in

annual receipts or $10.5 million in

annual receipts. 13 CFR 121.201, SIC

CODES 4832 and 4833. The numbers of

these stations are very small. The FCC

does not collect financial information

on any broadcast facility and the

Department of Commerce does not

collect financial information on these

auxiliary broadcast facilities. We

believe, however, that most, if not all, of

these auxiliary facilities could be

classified as small businesses by

themselves. We also recognize that most

of these types of services are owned by

a parent station which, in some cases,

would be covered by the revenue

definition of small business entity

discussed above. These stations would

likely have annual revenues that exceed

the SBA maximum to be designated as

a small business (as noted, either $5

million for a radio station or $10.5

million for a TV station). Furthermore,

they do not meet the Small Business

Act’s definition of a ‘‘small business

concern’’ because they are not

independently owned and operated.

7. Microwave Services. Microwave

services includes common carrier,

private operational fixed, and broadcast

auxiliary radio services. At present,

there are over 8500 common carrier

licensees, and approximately 1800

private operational fixed and broadcast

auxiliary radio licensees in the

microwave services at C-band.

Inasmuch as the Commission has not

yet defined a small business with

respect to microwave services, we will

utilize the SBA’s definition applicable

to radiotelephone companies—i.e., an

entity with no more than 1,500 persons.

13 CFR 121.201, SIC CODE 4812. We

estimate, for this purpose, that all of the

Fixed Microwave licensees (excluding

broadcast auxiliary licensees) would

qualify as small entities under the SBA

definition for radiotelephone

companies.

E. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

The Commission’s existing rules in

part 25 on FSS operations contain

reporting requirements for FSS systems,

and we modify these reporting

requirements to eliminate duplicative

costs of filing multiple applications. In

addition, we add an annual reporting

requirement to indicate the number of

satellite earth stations actually brought

into service, those deactivated during

the year, and a report of any changes in

satellite location applicable to the CSAT

network. The proposed streamlined

licensing procedures do not affect small

entities disproportionately and it is

likely no additional outside professional

skills are required to complete the

annual report indicating the number of

small antenna earth stations actually

brought into service.

F. Steps Taken To Minimize Significant

Economic Impact on Small Entities, and

Significant Alternatives Considered

The FWCC/Onsat/Hughes NPRM

solicited comment on several

alternatives for streamlined licensing of

CSATs at C-band. This First Report and

Order considered comments offering

alternatives, and has acted in response

to stated concerns and suggestions,

particularly those representing

significant agreement or consensus by

commenters. The decisions of this First

Report and Order should positively

impact both large and small businesses

by providing a faster, more efficient, and

less economically burdensome licensing

procedure. The streamlined licensing

service rules provide for consolidation

of licensing for small antenna earth

stations and a continued coordination

requirement designed to ensure that

these new satellite services will not

cause harmful interference to existing

terrestrial services. These rules

substitute a single requirement to

annually report the number of satellite

earth stations brought into service in the

last year, for the current requirement to

individually license these earth stations.

As Previously noted, this change should

minimize the impact on small entities.

G. Report to Congress

The Commission will send a copy of

this First Report and Order including

this FRFA, in a report to be sent to

Congress pursuant to the Small Business

Regulatory Enforcement Fairness Act of

1966, see 5 U.S.C. 801(a)(1)(A). In

addition, the Commission will send a

copy of the First Report and Order,

including this FRFA, to the Chief

Counsel for Advocacy of the Small

Business Administration. A copy of this

First Report and Order and FRFA (or

summaries thereof) will also be

published in the Federal Register. See

5 U.S.C. 604(b).

Ordering Clauses

Pursuant to sections 4(i), 7(a), 303(c),

303(f), 303(g), and 303(r) of the

Communications Act of 1934, as

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

303(c), 303(f), 303(g), and 303(r), this

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31559

First Report and Order is hereby

Adopted.

Part 25 of the Commission’s rules Is

Amended as set forth, effective thirty

days after publication in the Federal

Register.

The Commission’s Consumer

Information Bureau, Reference

Information Center, SHALL SEND a

copy of this First Report and Order,

including the Final Regulatory

Flexibility Analysis, to the Chief,

Counsel for Advocacy of the Small

Business Administration.

List of Subjects in 47 CFR Part 25

Communications common carriers,

Communications, Radio, Satellites,

Telecommunications.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Final Rule

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 25 as

follows:

PART 25—SATELLITE

COMMUNICATIONS

1. The authority citation for part 25

continues to read as follows:

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

applies sec. 303, 47 U.S.C. 303. 47 U.S.C.

sections 154, 301, 302, 303, 307, 309 and 332,

unless otherwise noted.

2. Section 25.115 is amended by

redesignating paragraph (c) as (c)(1) and

by adding a new paragraph (c)(2) to read

as follows:

§ 25.115 Application for earth station

authorizations.

* * * * *

(c)(2) Large Networks of Small

Antennas operating in the 4/6 GHz

frequency bands with U.S.-licensed or

non-U.S. licensed satellites for domestic

services (CSATs). Applications to

license small antenna network systems

operating in the standard C-Band, 3700–

4200 MHz and 5925–6425 MHz

frequency band shall be filed

electronically on FCC Form 312, Main

Form and Schedule B.

(i) An initial lead application

providing a detailed overview of the

complete network shall be filed. Such

lead applications shall fully identify the

scope and nature of the service to be

provided, as well as the complete

technical details of each representative

type of small antenna (less than 4.5

meters) that will operate within the

network. Such lead applications for a

single CSAT system must identify:

(A) No more than three discrete

geostationary satellites to be accessed;

(B) The amount of frequency

bandwidth sought, up to a maximum of

20 MHz of spectrum in each direction

at each of the satellites (The same 20

MHz of uplink and 20 MHz of downlink

spectrum at each satellite would be

accessible by all CSAT earth stations in

the system. The 20 MHz of uplink and

20 MHz of downlink spectrum need not

be the same at each satellite location);

(C) The maximum number of earth

station sites;

(ii) Following the issuance of a license

for the lead application, the licensee

shall notify the Commission of the

complete technical parameters of each

individual earth station site before that

site is bought into operation under the

lead authorization. Full frequency

coordination of each individual site

(e.g., for each satellite and the spectrum

associated therewith) shall be

completed prior to filing Commission

notification. The coordination must be

conducted in accordance with § 25.203.

Such notification shall be done by

electronic filing and shall be consistent

with the technical parameters of

Schedule B of FCC Form 312.

(iii) Following successful

coordination of such an earth station, if

the earth station operator does not file

a lead application or a Schedule B

within six months after it successfully

completes coordination, it will be

assumed that such frequency use is no

longer desired, unless a second

notification has been received within

ten days prior to the end of the six

month period. Such renewal

notifications must be sent to all parties

concerned. If the lead application or

Schedule B, or renewal notification, is

not timely received, the coordination

will lapse and the licensee must recoordinate the relevant earth stations if

it still wishes to bring them into

operation.

(iv) Operation of each individual site

may commence immediately after the

public notice is released that identifies

the notification sent to the Commission

and if the requirements of paragraph

(c)(2)(vi) of this section are met.

Continuance of operation of each station

for the duration of the lead license term

shall be dependent upon successful

completion of the normal public notice

process. If any objections are received to

the new station prior to the end of the

30 day comment period of the Public

Notice, the licensee shall immediately

cease operation of those particular

stations until the coordination dispute

is resolved and the CSAT licensee

informs the Commission of the

resolution. If the requirements of

paragraph (c)(2)(vi) of this section are

not met, operation may not commence

until the Commission issues the public

notice acting on the CSAT terminal

authorization.

(v) Each CSAT licensee shall annually

provide the Commission an updated list

of all operational earth stations in its

system. The annual list shall also

include a list of all earth stations

deactivated during the year and

identification of the satellites providing

service to the network as of the date of

the report.

(vi) Conditional authorization. (A) An

applicant for a new CSAT radio station

or modification of an existing CSAT

station authorized under paragraph

(c)(2)(i) of this section in the 3700–4200;

or 5925–6425 MHz bands may operate

the proposed station during the

pendency of its application after the

release of the public notice accepting

the notification for filing that complies

with paragraph (c)(2)(ii) of this section.

The applicant, however, must first

certify that the following conditions are

satisfied:

(1) The frequency coordination

procedures of § 25.203 have been

successfully completed;

(2) The antenna structure has been

previously studied by the Federal

Aviation Administration and

determined to pose no hazard to

aviation safety as required by subpart B

of part 17 of this chapter; or the antenna

or tower structure does not exceed 6.1

meters above ground level or above an

existing man-made structure (other than

an antenna structure), if the antenna or

tower has not been previously studied

by the Federal Aviation Administration

and cleared by the FCC;

(3) The grant of the application(s)

does not require a waiver of the

Commission’s rules (with the exception

of a request for waiver pertaining to

fees);

(4) The applicant has determined that

the facility(ies) will not significantly

affect the environment as defined in

§ 1.1307 of this chapter;

(5) The station site does not lie within

56.3 kilometers of any international

border or within a radio ‘‘Quiet Zone’’

identified in § 1.924 of this chapter; and

(6) The filed application is consistent

with the proposal that was coordinated

pursuant to § 25.251.

(B) Conditional authority ceases

immediately if the Schedule B is

returned by the Commission because it

is not accepted for filing.

(C) A conditional authorization

pursuant to paragraphs (c)(2)(vi)(A) and

(c)(2)(vi)(B) of this section is evidenced

by retaining a copy of the Schedule B

notification with the station records.

31560 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

Conditional authorization does not

prejudice any action the Commission

may take on the subject application(s) or

the Schedule B notifications.

(D) Conditional authority is accepted

with the express understanding that

such authority may be modified or

cancelled by the Commission at any

time without hearing if, in the

Commission’s discretion, the need for

such action arises. An applicant

operating pursuant to this conditional

authority assumes all risks associated

with such operation, the termination or

modification of the conditional

authority, or the subsequent dismissal

or denial of its application(s).

(E) The copy of the Schedule B

notification form must be posted at each

station operating pursuant to this

section.

(vii) Period of construction.

Construction of each earth station must

be completed and the station must be

brought into regular operation within

twelve months from the date that action

is taken to authorize that station to

operate under the lead authorization,

except as may be otherwise determined

by the Commission for any particular

application.

* * * * *

3. Section 25.134 is amended by

revising the subject heading, by

redesignating paragraph (a) as (a)(1) and

adding a heading to newly designated

paragraph (a)(1), by adding a new

paragraph (a)(2), and by adding a

heading to paragraph (b) to read as

follows:

§ 25.134 Licensing provisions of Very

Small Aperture Terminal (VSAT) and C-band

Small Aperture Terminal (CSAT) networks.

(a)(1) VSAT networks operating in the

12/14 GHz bands. * * *

(a)(2) Large Networks of Small

Antennas operating in the 4/6 GHz

frequency bands. All applications for

digital and/or analog operations will be

routinely processed provided the

network employs antennas that are 4.5

meter or larger in diameter, that are

consistent with § 25.209, the power

levels are consistent with §§ 25.211(d)

and 25.212(d), and frequency

coordination has been satisfactorily

completed. The use of smaller antennas

or non-consistent power levels require

the filing of an initial lead application

(§ 25.115(c)(2)) that includes all

technical analyses required to

demonstrate that unacceptable

interference will not be caused to any

and all affected adjacent satellite

operators by the operation of the nonconforming earth station.

(b) VSAT networks operating in the

12/14 GHz bands. * * *

* * * * *

[FR Doc. 01–14803 Filed 6–11–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1323, MM Docket No. 99–297, RM–

9726]

Digital Television Broadcast Service;

Oklahoma City, OK

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Hearst-Argyle Television,

Inc., permittee station KOCO–TV,

substitutes DTV channel 7 for DTV

channel 16 at Oklahoma City,

Oklahoma. See 64 FR 54268, October 6,

1999. DTV channel 7 can be allotted to

Oklahoma City in compliance with the

principle community coverage

requirements of Section 73.625(a) at

reference coordinates (35–33–45 N. and

97–29–24 W.) with a power of 42.0,

HAAT of 446 meters and with a DTV

service population of 1248 thousand.

With this action, this proceeding is

terminated.

DATES: Effective July 23, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–297,

adopted June 1, 2001, and released June

6, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Oklahoma, is amended by removing

DTV channel 16 and adding DTV

channel 7 at Oklahoma City.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–14742 Filed 6–11–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1322, MM Docket No. 00–114, RM–

9744]

Digital Television Broadcast Service;

Great Falls, MT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of KFBB Corporation, L.L.C.,

licensee of station KFBB-TV, substitutes

DTV channel 8 for DTV channel 39 at

Great Falls, Montana. See 66 FR 41036,

July 3, 2000. DTV channel 8 can be

allotted to Great Falls in compliance

with the principle community coverage

requirements of Section 73.625(a) at

reference coordinates (47–32–08 N. and

111–17–02 W.) with a power of 28.0,

HAAT of 180 meters and with a DTV

service population of 89 thousand.

Since the community of Great Falls is

located within 400 kilometers of the

U.S.-Canadian border, concurrence by

the Canadian has been obtained for this

allotment. With is action, this

proceeding is terminated.

DATES: Effective July 23, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–114,

adopted June 1, 2001, and released June

6, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.