Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58061 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e), of the 

Instruction, from further environmental 

documentation. It has been determined 

that this final rule does not significantly 

impact the environment. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ For the reasons set out in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1; section 117.255 also issued under 

the authority of Pub. L. 102–587, 106 Stat. 

5039. 

§ 117.597 [Suspended] 

■ 2. From November 1, 2005 through 

May 10,2006, § 117.597 is suspended. 

■ 3. From November 1, 2005 through 

May 10, 2006, § 117.T602 is temporarily 

added to read as follows: 

§ 117.T602 Dorchester Bay. 

The draw of the William T. Morrisey 

Boulevard Bridge, mile 0.0, at Boston, 

need not open for the passage of vessel 

traffic from November 1, 2005 through 

May 10,2006. 

Dated: September 25, 2005. 

David P. Pekoske, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 05–19949 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 02–353; FCC 05–149] 

Service Rules for Advanced Wireless 

Services in the 1.7 GHz and 2.1 GHz 

Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission resolves five petitions for 

reconsideration of the Report and Order 

adopting service rules for Advanced 

Wireless Services (AWS) in the 1710–

1755 and 2110–2155 MHz bands. In this 

Order, the Commission modifies the 

band plan and makes minor revisions to 

the service rules to provide additional 

opportunities for smaller and rural 

wireless carriers and to enhance 

flexibility for potential licensees. In all 

other respects, the Commission denies 

the petitions for reconsideration. The 

Commission takes this action to 

facilitate the provision of new services 

to the public, and to encourage the 

optimum use of these frequencies. 

DATES: Effective November 4, 2005. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Peter Corea of the Broadband Division, 

Wireless Telecommunications Bureau, 

at 202–418–BITS (2487) (voice) or 202–

418–1169 (TTY). 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order on 

Reconsideration in WT Docket No. 02–

353, FCC 05–149, adopted on August 5, 

2005, and released on August 15, 2005. 

The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 445 

12th Street, SW., Washington, DC 

20554. The complete text may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at 202–418–0530 (voice) or 202–

418–0432 (tty). 

Overview 

1. On November 25, 2003, the 

Commission adopted licensing, 

technical, and competitive bidding rules 

to govern the use of the Advanced 

Wireless Services spectrum in the 1710–

1755 and 2110–2155 MHz bands. This 

Order on Reconsideration resolves 

petitions for reconsideration of the 

service rules Report and Order. (Service 

Rules for Advanced Wireless Services in 

the 1.7 GHz and 2.1 GHz Bands, Report 

and Order, WT Docket No. 02–353, 69 

FR 5711–01 (Feb. 6, 2004)). Specifically, 

this Order decides the following issues. 

2. The AWS band plan for the 1710–

1755 and 2110–2155 MHz bands is 

modified as follows. Twenty megahertz 

of spectrum at 1710–1720, paired with 

2110–2120 will be licensed on a Rural 

Service Area/Metropolitan Statistical 

Area (RSA/MSA) basis. Thirty 

megahertz of spectrum in this band will 

be licensed on an Economic Area (EA) 

basis: 20 megahertz at 1720–1730 paired 

with 2120–2130, and 10 megahertz at 

1730–1735 paired with 2130–2135. 

Forty megahertz of spectrum will be 

licensed on a Regional Economic Area 

Grouping (REAG) basis and these blocks 

58062 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

will be contiguous in a manner that is 

convenient for aggregation. The 

Commission breaks up the original 2x15 

MHz REAG block into a 2x5 MHz E 

block located at 1740–1745 and 2140–

2145 MHz and a new 20 megahertz F 

block located at 1745–1755 MHz paired 

with 2145–2155 MHz. 

3. The Commission denies a petition 

filed by Council Tree Communications, 

Inc. that seeks a set-aside of spectrum in 

the 1710–1755 MHz and 2110–2155 

MHz bands for entities that meet the 

small business size standards used to 

determine eligibility for bidding credits. 

In addition, the Commission rejects 

Council Tree’s proposals to amend the 

designated entity rules in this 

proceeding, but it stated it would 

examine, in a separate action, Council 

Tree’s proposal to restrict large 

incumbent wireless service providers 

from having any material investment, 

financial, or operating relationship with 

a designated entity, if they have licenses 

with material geographic overlap. 

4. The Order grants a petition filed by 

Powerwave Technologies, Inc. and 

removes the restriction on transmitter 

output power levels on AWS licensees 

as was recently done for PCS licensees 

in the Biennial Regulatory Review— 

Amendment of parts 1, 22, 24, 27, and 

90 to Streamline and Harmonize 

Various Rules Affecting Wireless Radio 

Services, WT Docket No. 03–264, FCC 

05–144 (rel. Aug. 9, 2005). 

5. American Petroleum Institute and 

United Telecom Council (API/UTC) 

filed a joint petition in ET Dockets 95–

18 and 00–258, as well as WT Docket 

02–353, seeking clarification and 

reconsideration of the Fixed Microwave 

Service relocation procedures adopted 

for the 2110–2150 MHz band. The 

Commission addressed API/UTC’s 

petition in the MSS Fifth Memorandum 

Opinion and Order, granting the 

petition in part and denying the petition 

otherwise. (Amendment of part 2 of the 

Commission’s Rules to Allocate 

Spectrum Below 3 GHz for Mobile and 

Fixed Services to Support the 

Introduction of New Advanced Wireless 

Services, including Third Generation 

Wireless Systems, Petition for Rule 

Making of the Wireless Information 

Networks Forum Concerning the 

Unlicensed Personal Communications 

Service, Petition for Rule Making of 

UTStarcom, Inc., Concerning the 

Unlicensed Personal Communications 

Service, 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. 

00–258, RM–9498, RM–10024, ET 

Docket No. 95–18, Sixth Report and 

Order, Third Memorandum Opinion 

and Order, and Fifth Memorandum 

Opinion and Order, 69 FR 62615–01 

(Oct. 27, 2004)). Because the 

Commission had previously addressed 

the petition in a prior proceeding, the 

Commission denies the petition relative 

to this proceeding. 

II. Procedural Matters 

A. Paperwork Reduction Act Analysis 

6. This Order does not contain any 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1996 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

B. Supplemental Final Regulatory 

Flexibility Analysis 

7. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Notice of Proposed Rulemaking in WT 

Docket No. 02–353 (NPRM). The 

Commission sought written public 

comment on the proposals in the NPRM, 

including comment on the IRFA. In 

addition, a Final Regulatory Flexibility 

Analysis (FRFA) was incorporated in 

the Report and Order in WT Docket No. 

02–353. This present Supplemental 

Final Regulatory Flexibility Analysis 

(Supplemental FRFA) for the Order on 

Reconsideration conforms to the RFA. 

Need for, and Objectives of, the 

Amended Rules 

8. The Order on Reconsideration 

responds to petitions for reconsideration 

of the Report and Order adopting 

service rules for Advanced Wireless 

Services in the 1710–1755 and 2110–

2155 MHz bands (AWS–1). The need for 

and objectives of the rules adopted in 

this Order on Reconsideration are the 

same as those discussed in the FRFA for 

the Report and Order. In the Report and 

Order, the Commission adopted 

provisions for application, licensing, 

operating and technical rules, and for 

competitive bidding for AWS–1. As 

adopted, the rules provide flexibility to 

licensees to provide any fixed or mobile 

service that is consistent with the 

allocations for this spectrum and, in 

order to accommodate differing needs, 

the band plan includes both localized 

and regional geographic service areas 

and symmetrically paired spectrum 

blocks with pairings composed of 

different bandwidths. The marketoriented licensing framework for these 

bands will ensure that this spectrum is 

efficiently utilized and will foster the 

development of new and innovative 

technologies and services, as well as 

encourage the growth and development 

of broadband services, ultimately 

leading to greater benefits to consumers. 

9. On reconsideration, we take the 

following actions: (i) Modify the band 

plan to increase the amount of spectrum 

available to smaller and rural wireless 

carriers; (ii) break a 30 MHz block into 

smaller components that can be 

aggregated; (iii) offer an additional block 

licensed on an Economic Area (EA) 

basis to help enhance the mixture of 

large and small geographic area licenses 

available to applicants; and (iv) 

eliminate the transmitter output power 

limits for AWS base and fixed stations 

to make the rule consistent with the rule 

governing PCS stations. The 

Commission affirmed its decision in the 

AWS–1 service rules Report and Order 

not to set aside spectrum for designated 

entities in the 1710–1755 and 2110–

2155 MHz bands and also affirmed its 

decision to provide two levels of 

bidding credits. 

Summary of Significant Issues Raised by 

Public 

10. We received no comments directly 

in response to the IRFA or FRFA in this 

proceeding. We did, however, consider 

the potential impact of our rules on 

smaller entities. For example, in the 

present Order on Reconsideration, we 

have adopted certain changes in the 

band plan requested by the Rural 

Cellular Association (RCA) and the 

Rural Telecommunications Group 

(RTG), in conjunction with other 

commenting parties, which increase the 

amount of spectrum and number of 

spectrum blocks licensed on a smaller 

geographic basis. These changes are 

expected to increase opportunities for 

local, largely rural carriers, to be able to 

afford adequate spectrum and to utilize 

a building block approach to suit their 

particular needs. 

11. We also note that in the Report 

and Order, the Commission decided to 

encourage participation by smaller and 

rural entities by adopting smaller 

geographic licensing areas such as 

MSAs and RSAs, as well as smaller 

spectrum block sizes, rather than 

adopting set-asides or eligibility 

restrictions. The Commission reasoned 

that opening the bands to as wide a 

range of applicants as possible would 

encourage entrepreneurial efforts to 

develop new technologies and services, 

while helping ensure the spectrum is 

used efficiently. 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58063 

12. In a petition for reconsideration, 

Council Tree urged the Commission to 

reconsider its decision not to adopt a set 

aside of spectrum for designated entities 

in the 1710–1755 and 2110–2155 MHz 

bands or, in the alternative, to adopt a 

third level of bidding credit. In a 

separate ex parte filing, Council Tree 

also made certain proposals relating to 

designated entity status and benefits, 

such as bidding credits. As noted above, 

while we affirm the Commission’s 

decision in the AWS–1 service rules 

Report and Order and decline to amend 

the designated entity rules in this 

proceeding, we will examine, in a 

separate action, Council Tree’s proposal 

to restrict large incumbent wireless 

service providers from having any 

material investment, financial, or 

operating relationship with a designated 

entity, if they have licenses with 

material geographic overlap. 

Description and Estimate of the Number 

of Small Entities to Which the Rules 

Will Apply 

13. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules, if adopted. The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small government 

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 is one which: (i) Is 

independently owned and operated; (ii) 

is not dominant in its field of operation; 

and (iii) satisfies any additional criteria 

established by the SBA. Nationwide, 

there are approximately 22.4 million 

small businesses, total, according to the 

SBA data. 

14. A small organization is generally 

‘‘any not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field.’’

Nationwide, as of 2002, there were 

approximately 1.6 million small 

organizations. Last, the definition of 

‘‘small governmental jurisdiction’’ is 

one with populations of fewer than 

50,000. The term ‘‘small governmental 

jurisdiction’’ is defined as ‘‘governments 

of cities, towns, townships, villages, 

school districts, or special districts, with 

a population of less than fifty 

thousand.’’ As of 1997, there were about 

87,453 governmental jurisdictions in the 

United States. This number includes 

39,044 county governments, 

municipalities, and townships, of which 

37,546 (approximately 96.2%) have 

populations of fewer than 50,000, and of 

which 1,498 have populations of 50,000 

or more. Thus we estimate the number 

of small governmental jurisdictions 

overall to be 84,098 or fewer. 

15. The rules amended in the Order 

on Reconsideration affect applicants 

who wish to provide service in the 

1710–1755 MHz and 2110–2155 MHz 

bands. As discussed in the Report and 

Order, we do not know precisely the 

type of service that a licensee in these 

bands might seek to provide. 

Nonetheless, we anticipate that the 

services that will be deployed in these 

bands may have capital requirements 

comparable to those in the broadband 

Personal Communications Service 

(PCS), and that the licensees in these 

bands will be presented with issues and 

costs similar to those presented to 

broadband PCS licensees. Further, at the 

time the broadband PCS service was 

established, it was similarly anticipated 

that it would facilitate the introduction 

of a new generation of service. 

Therefore, the Report and Order 

adopted the same small business size 

standards here that the Commission 

adopted for the broadband PCS service. 

In particular, the Report and Order 

defined a ‘‘small business’’ as an entity 

with average annual gross revenues for 

the preceding three years not exceeding 

$40 million, and a ‘‘very small 

business’’ as an entity with average 

annual gross revenues for the preceding 

three years not exceeding $15 million. 

The Report and Order also provided 

small businesses with a bidding credit 

of 15 percent and very small businesses 

with a bidding credit of 25 percent. 

16. We do not yet know how many 

applicants or licensees in these bands 

will be small entities. Thus, the 

Commission assumes, for purposes of 

this Supplemental FRFA, that all 

prospective licensees are small entities 

as that term is defined by the SBA or by 

our three special small business size 

standards for these bands. Although we 

do not know for certain which entities 

are likely to apply for these frequencies, 

we note that the 1710–1755 MHz and 

2110–2155 MHz bands are comparable 

to those used for cellular service and 

personal communications service. 

Wireless Telephony Including Cellular, 

Personal Communications Service (PCS) 

and SMR Telephony Carriers 

17. The SBA has developed a small 

business size standard for wireless small 

businesses within the two separate 

categories of Paging and Cellular and 

Other Wireless Telecommunications. 

Under both SBA categories, a wireless 

business is small if it has 1,500 or fewer 

employees. We can assess small 

business prevalence by using data 

provided annually to the Commission 

by Telecommunications Relay Service 

(TRS) carriers. The TRS data 

compilation, published in the 

Commission’s Trends in Telephone 

Service, groups together cellular, 

personal communications services, and 

specialized mobile radio telephony 

carriers into a single category called 

‘‘Wireless Telephony.’’ (FCC, Wireline 

Competition Bureau, Industry Analysis 

and Technology Division, ‘‘Trends in 

Telephone Service’’ at Table 5.3, page 

5–5 (May 2004).) As noted above, under 

the pertinent SBA small business size 

standard, a wireless business is small if 

it has 1,500 or fewer employees. 

According to Trends in Telephone 

Service data, 447 carriers have reported 

that they provide Wireless Telephony. 

Of that total, an estimated 245 are small 

providers, under the SBA size standard. 

Thus, we can estimate that the majority 

of such businesses are small. In 

addition, the TRS data include a larger 

reporting category, ‘‘Wireless Service 

Providers,’’ that includes the above 

entities plus paging, data, and other 

mobile providers. According to the 

Trends in Telephone Service data, 975 

carriers have reported that they are 

Wireless Service Providers. Of that total, 

an estimated 767 are small providers, 

under the SBA size standard. Thus, we 

can again estimate that the majority of 

such businesses are small. 

Consequently, the Commission 

estimates that most wireless service 

providers, as defined herein, are small. 

Description of Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

18. Applicants for AWS licenses in 

the 1710–1755 MHz and the 2110–2155 

MHz bands will be required to submit 

short-form auction applications using 

FCC Form 175. In addition, winning 

bidders must submit long-form license 

applications through the Universal 

Licensing System using Form 601, FCC 

Ownership Disclosure Information for 

the Wireless Telecommunications 

Services using FCC Form 602, and other 

appropriate forms. These requirements 

were established in the Report and 

Order and are not modified by the Order 

on Reconsideration. 

Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

19. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its adopted 

approach, which may include the 

following four alternatives (among 

others): (i) The establishment of 

differing compliance or reporting 

58064 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

requirements or timetables that take into 

account the resources available to small 

entities; (ii) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (iii) the 

use of performance, rather than design, 

standards; and (iv) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

20. We have taken significant steps to 

reduce burdens on small entities 

wherever possible, and considered 

various alternatives in this regard. To 

provide opportunities for small entities 

to participate in any auction that is 

held, we provide bidding credits for 

small businesses and very small 

businesses. The bidding credits adopted 

are 15 percent for small businesses and 

25 percent for very small businesses. 

Although petitioner Council Tree 

requested set asides for designated 

entities in the 1710–1755 MHz and 

2110–2155 MHz bands, we have found 

that the use of tiered or graduated small 

business size standards and bidding 

credits is useful in furthering our 

mandate under section 309(j) of the 

Communications Act to promote 

opportunities for, and disseminate 

licenses to, a wide variety of applicants. 

As discussed above in the Summary of 

Significant Issues Raised by Public, we 

decline to supplement the incentives for 

small business participation that the 

Commission has already adopted by 

foreclosing any of the licenses to other 

bidders. 

21. Regarding our decisions to modify 

slightly the licensing approach to 

provide additional spectrum licensed on 

an RSA/MSA basis and to add an 

additional block offered on an EA basis, 

we anticipate that on balance small 

entities will benefit from this licensing 

approach. Geographic licensing in these 

bands supports the Commission’s 

overall spectrum management goals in 

that it allows licensees to quickly 

respond to market demand. Small 

entities that acquire spectrum that is 

licensed on a geographic area basis will 

benefit from such flexibility. Moreover, 

we have attempted to strike a balance by 

using varying sizes of geographic areas. 

For example, small entities may be more 

interested in spectrum licensed using 

smaller geographic areas rather than in 

spectrum licensed on a nationwide or 

large regional basis. Consequently, we 

have decided to include licensing areas 

based on MSAs and RSAs, which permit 

entities who are only interested in 

serving rural areas to acquire spectrum 

licenses for these areas alone, and avoid 

acquiring spectrum licenses with high 

population densities that make purchase 

of license rights too expensive for these 

types of entities. MSAs and RSAs allow 

entities to mix and match rural and 

urban areas according to their business 

plans. These types of smaller geographic 

service areas provide entry 

opportunities for smaller carriers, new 

entrants, and rural telephone 

companies. Their inclusion in our band 

plan will foster service to rural areas 

and tribal lands and thereby bring the 

benefits of advanced services to these 

areas. Smaller service providers could 

acquire an RSA and create a new service 

area or they could expand an existing 

service territory or supplement the 

spectrum they are licensed to operate in 

by adding an RSA. They could also 

combine a few MSAs and RSAs to create 

a larger but localized service territory. 

An alternative to our decision to use 

geographic areas for licensing would 

have been to employ a site-by-site 

licensing approach. Site-by-site 

licensing, however, would be an 

inefficient licensing method due to a 

greater strain on Commission resources 

and less flexibility afforded to licensees. 

22. We have also made adjustments to 

the band plan to license the spectrum in 

different bandwidths. We do not believe 

this will disadvantage small entities. In 

fact, we have decided that the RSA/ 

MSA license areas will be licensed as 

paired spectrum at 1710–1720 and 

2110–2120 for a total of 734 licenses, 

and we have decided that the B and C 

blocks will be licensed as paired 10- and 

5-MHz blocks, respectively, on an EA 

basis. These block sizes should provide 

flexibility to licensees in constructing 

their systems. Our approach provides 

maximum flexibility for both small and 

large entities to offer a wide range of 

communications services. 

Report to Congress 

23. The Commission will send a copy 

of the Order on Reconsideration, 

including this Supplemental FRFA, in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. In addition, the Commission will 

send a copy of the Order on 

Reconsideration, including the 

Supplemental FRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. A copy of the 

Order on Reconsideration and 

Supplemental FRFA (or summaries 

thereof) will also be published in the 

Federal Register. 

Ordering Clauses 

C. Authority 

24. This action is taken pursuant to 

sections 1, 2, 4(i), 201, 214, 301, 302, 

303, 307, 308, 309, 310, 319, 324, 332, 

and 333 of the Communications Act of 

1934, as amended 47 U.S.C. 151, 152, 

154(i), 301, 302, 303, 307, 308, 309, 310, 

319, 324, 332, and 333. 

25. Accordingly, it is ordered that the 

Petition for Reconsideration filed by 

Rural Communications Association is 

granted to the extent indicated herein, 

and is otherwise denied. 

26. It is further ordered that the 

Petition for Reconsideration filed by TMobile, USA, Inc. is granted to the 

extent indicated herein, and is 

otherwise denied. 

27. It is further ordered that the 

Petition for Reconsideration filed by 

Council Tree Communications, Inc. is 

denied. 

28. It is further ordered that the 

Petition for Reconsideration filed by 

Powerwave Technologies, Inc. is 

granted to the extent indicated herein. 

29. It is further ordered that part 27 

of the Commission’s Rules is amended 

as set forth in the final rule changes. 

30. It is further ordered that the 

Petition for Reconsideration filed by 

American Petroleum Institute and 

United Telecom Council is denied to the 

extent indicated herein. 

31. It is further ordered that the rule 

amendments made by this Order and 

specified in the final rule changes shall 

become effective November 4, 2005. 

32. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order, including the Supplemental 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects in 47 CFR Part 27 

Communications common carriers, 

Radio. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 27 as 

follows: 

PART 27—MISCELLANEOUS 

WIRELESS COMMUNICATIONS 

SERVICES 

■ 1. The authority citation for part 27 

continues to read as follows: 

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

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

noted. 

■ 2. Section 27.5 is amended by revising 

paragraph (h) to read as follows: 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58065 

§ 27.5 Frequencies. 

* * * * * 

(h) 1710–1755 MHz and 2110–2155 

MHz bands. The following frequencies 

are available for licensing pursuant to 

this part in the 1710–1755 MHz and 

2110–2155 MHz bands: 

(1) Three paired channel blocks of 10 

megahertz each are available for 

assignment as follows: 

Block A: 1710–1720 MHz and 2110–

2120 MHz; 

Block B: 1720–1730 MHz and 2120–

2130 MHz; and 

Block F: 1745–1755 MHz and 2145–

2155 MHz. 

(2) Three paired channel blocks of 5 

megahertz each are available for 

assignment as follows: 

Block C: 1730–1735 MHz and 2130–

2135 MHz; 

Block D: 1735–1740 MHz and 2135–

2140 MHz; and 

Block E: 1740–1745 MHz and 2140–

2145 MHz. 

* * * * * 

■ 3. Section 27.6 is amended by revising 

paragraph (h) to read as follows: 

§ 27.6 Service areas. 

* * * * * 

(h) 1710–1755 and 2110–2155 MHz 

bands. AWS service areas for the 1710–

1755 MHz and 2110–2155 MHz bands 

are as follows: 

(1) Service areas for Block A (1710–

1720 MHz and 2110–2120 MHz) are 

based on cellular markets comprising 

Metropolitan Statistical Areas (MSAs) 

and Rural Service Areas (RSAs) as 

defined by Public Notice Report No. 

CL–92–40 ‘‘Common Carrier Public 

Mobile Services Information, Cellular 

MSA/RSA Markets and Counties,’’

dated January 24, 1992, DA 92–109, 7 

FCC Rcd 742 (1992), with the following 

modifications: 

(i) The service areas of cellular 

markets that border the U.S. coastline of 

the Gulf of Mexico extend 12 nautical 

miles from the U.S. Gulf coastline. 

(ii) The service area of cellular market 

306 that comprises the water area of the 

Gulf of Mexico extends from 12 nautical 

miles off the U.S. Gulf coast outward 

into the Gulf. 

(2) Service areas for Blocks B (1720–

1730 MHz and 2120–2130 MHz) and C 

(1730–1735 MHz and 2130–2135 MHz) 

are based on Economic Areas (EAs) as 

defined in paragraph (a) of this section. 

(3) Service areas for blocks D (1735–

1740 MHz and 2135–2140 MHz), E 

(1740–1745 MHz and 2140–2145 MHz) 

and F (1745–1755 MHz and 2145–2155 

MHz) are based on Regional Economic 

Area Groupings (REAGs) as defined by 

paragraph (a) of this section. 

■ 4. Section 27.11 is amended by 

revising section (i) to read as follows: 

§ 27.11 Initial authorization. 

* * * * * 

(i) 1710–1755 MHz and 2110–2155 

MHz bands. Initial authorizations for 

the 1710–1755 MHz and 2110–2155 

MHz bands shall be for 5 or 10 

megahertz of spectrum in each band in 

accordance with § 27.5(h) of this part. 

(1) Authorizations for Block A, 

consisting of two paired channels of 10 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(1). 

(2) Authorizations for Block B, 

consisting of two paired channels of 10 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(2). 

(3) Authorizations for Block C, 

consisting of two paired channels of 5 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(2). 

(4) Authorizations for Blocks D, 

consisting of two paired channels of 5 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(3). 

(5) Authorizations for Blocks E, 

consisting of two paired channels of 5 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(3). 

(6) Authorizations for Block F, 

consisting of two paired channels of 10 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(3). 

■ 5. Section 27.50 is amended by 

revising paragraphs (d) introductory text 

and (d)(1) to read as follows: 

§ 27.50 Power and antenna height limits. 

* * * * * 

(d) The following power and antenna 

height requirements apply to stations 

transmitting in the 1710–1755 MHz and 

2110–2155 MHz bands: 

(1) The power of each fixed or base 

station transmitting in the 2110–2155 

MHz band and located in any county 

with population density of 100 or fewer 

persons per square mile, based upon the 

most recently available population 

statistics from the Bureau of the Census, 

is limited to a peak equivalent 

isotropically radiated power (EIRP) of 

3280 watts. The power of each fixed or 

base station transmitting in the 2110–

2155 MHz band from any other location 

is limited to a peak EIRP of 1640 watts. 

A licensee operating a base or fixed 

station utilizing a power of more than 

1640 watts EIRP must coordinate such 

operations in advance with all 

Government and non-Government 

satellite entities in the 2025–2110 MHz 

band. Operations above 1640 watts EIRP 

must also be coordinated in advance 

with the following licensees within 120 

kilometers (75 miles) of the base or fixed 

station: all Broadband Radio Service 

(BRS) licensees authorized under part 

27 in the 2155–2160 MHz band and all 

AWS licensees in the 2110–2155 MHz 

band. 

* * * * * 

[FR Doc. 05–19761 Filed 10–4–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 387 

[Docket No. FMCSA–2005–22470] 

Regulatory Guidance for Forms Used 

To Establish Minimum Levels of 

Financial Responsibility of Motor 

Carriers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Regulatory guidance. 

SUMMARY: This document presents 

interpretive guidance material for the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). FMCSA issues 

new regulatory guidance for Forms 

MCS–90, MCS–90B, MCS–82, and 

MCS–82B used to establish minimum 

levels of financial responsibility of 

motor carriers. The questions and 

answers are applicable to motor carrier 

operations on a national basis. This 

guidance will provide the motor carrier 

and financial services industries and 

Federal, State, and local law 

enforcement officials with a clearer 

understanding of the applicability in 

particular situations of Forms MCS–90, 

MCS–90B, MCS–82, and MCS–82B 

contained in the FMCSRs. 

EFFECTIVE DATE: October 5, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Joy Dunlap, Chief, Commercial 

Enforcement Division, Office of 

Enforcement and Compliance (MC–

ECC), Federal Motor Carrier Safety 

Administration, 400 Seventh Street. 

SW., Washington, DC 20590. Phone 

202–385–2400. Office hours are from 

7:45 a.m. to 4:15 p.m., e.t., Monday 

through Friday, except Federal legal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Basis for the Notice 

FMCSA received a petition for 

rulemaking from several insurance 

companies and the American Insurance 

Association to amend Form MCS–90, 

Endorsement for Motor Carrier Policies