61742 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

This technical correction action does 

not involve technical standards; thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

EPA’s compliance with these statutes 

and Executive Orders for the underlying 

rules is discussed in the August 1, 2005 

rule approving the revised Salt Lake 

City Carbon Monoxide Maintenance 

Plan and related revisions submitted by 

the Governor of Utah on October 19, 

2004. 

The Congressional Review Act (CRA), 

5 U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. Section 808 allows the 

issuing agency to make a rule effective 

sooner than otherwise provided by the 

CRA if the agency makes a good cause 

finding that notice and public procedure 

is impracticable, unnecessary or 

contrary to the public interest. This 

determination must be supported by a 

brief statement, 5 U.S.C. 808(2). As 

stated previously, EPA has made such a 

good cause finding, including the 

reasons therefore, and established an 

effective date of November 25, 2005. 

EPA will submit a report containing this 

rule and other required information to 

the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This correction to the 

identification of plan for Utah is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

section 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: October 14, 2005. 

Robert E. Roberts, 

Regional Administrator, Region VIII. 

■ 40 CFR part 52 is amended to read as 

follows: 

PART 52—[CORRECTED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart TT—UTAH 

§ 52.2320 [Amended] 

■ 2. Section 52.2320 is amended in 

paragraphs (c)(60) introductory text, 

(c)(60)(i)(A), and (c)(60)(i)(B) by revising 

‘‘UACR’’ to read ‘‘UAC’’ wherever it 

appears. 

[FR Doc. 05–21266 Filed 10–25–05; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[ET Docket No. 00–258; FCC 05–172] 

Advanced Wireless Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document reallocates the 

2155–2160 MHz band for Fixed and 

Mobile services and designates the 

2155–2175 MHz band for Advanced 

Wireless Service (AWS) use. We 

continue our ongoing efforts to promote 

spectrum utilization and efficiency with 

regard to the provision of new services, 

including Advanced Wireless Services 

(AWS). 

DATES: Effective November 25, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Priya Shrinivasan, Office of Engineering 

& Technology, (202) 418–7005. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Eighth 

Report and Order, ET Docket No. 00–

258, FCC 05–172, adopted September 

23, 2005, and released September 29, 

2005. The full text of this document is 

available on the Commission’s Internet 

site at http://www.fcc.gov. It is also 

available for inspection and copying 

during regular business hours in the 

FCC Reference Center (Room CY–A257), 

445 12th Street, SW., Washington, DC 

20554. The full text of this document 

also may be purchased from the 

Commission’s duplication contractor, 

Best Copy and Printing Inc., Portals II, 

445 12th St., SW., Room CY–B402, 

Washington, DC 20554; telephone (202) 

488–5300; fax (202) 488–5563; e-mail 

FCC@BCPIWEB.COM. 

Summary of the Report and Order 

1. In the Eighth Report and Order 

(‘‘Eighth R&O’’) in ET Docket No. 00–

258, the Commission continues its 

ongoing efforts to promote spectrum 

utilization and efficiency with regard to 

the provision of new services, including 

Advanced Wireless Services (AWS). 

Advanced wireless systems could 

provide, for example, a wide range of 

voice, data and broadband services over 

a variety of mobile and fixed networks. 

Specifically, the Commission reallocates 

the 2155–2160 MHz band for Fixed and 

Mobile services and designates the 

2155–2175 MHz band for AWS use. 

2. Based on the Commission’s 

determination that additional spectrum 

is needed for AWS use, and because the 

characteristics of the 2155–2175 MHz 

band make it well suited for such use, 

concludes that designating this band for 

AWS will promote efficient use of the 

spectrum and allow for the rapid 

introduction of high-value services in 

the band. Because the 2155–2175 MHz 

band is adjacent to the 2110–2155 MHz 

and 2175–2180 MHz bands that have 

already been designated for AWS, an 

AWS designation for this band will 

create 70 MHz of contiguous spectrum 

that will promote the rapid introduction 

of new technologies and service 

offerings, and will foster the use of the 

highest potential spectrum. 

Furthermore, designation of the 2155–

2175 MHz band for AWS use is 

consistent with the Commission’s 

previous decisions to designate 

spectrum for AWS on a primary basis to 

support the types of high powered 

mobile applications associated with 

AWS and Broadband PCS expansion. In 

addition, as proposed, the Commission 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 61743 

1See 5 U.S.C. 603. The RFA, see 5 U.S.C 601 et 

seq., has been amended by the Contract With 

America Advancement Act of 1996, Pub. L. 104–

121, 110 Stat. 847 (1996) (CWAAA). Title II of the 

CWAAA is the Small Business Regulatory 

Enforcement Fairness Act of 1996 (SBREFA). 

2Amendment 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, ET Docket No. 00–

258, IB Docket No. 99–81, Third Report and Order, 

Third Notice of Proposed Rulemaking and Second 

Memorandum Opinion and Order, 18 FCC Rcd 2223 

(2003). 

3 5 U.S.C. 604. 

4 47 U.S.C. 157. 

5 5 U.S.C. 603(b)(3), 604(a)(3). 

6 5 U.S.C. 601(6). 

7 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in 15 U.S.C. 

632). Pursuant to 5 U.S.C. 601(3), the statutory 

definition of a small business applies ‘‘unless an 

agency after consultation with the Office of 

Advocacy of the Small Business Administration 

and after opportunity for public comment, 

established one or more definitions of such term 

which are appropriate to the activities of the agency 

and publishes such definition in the Federal 

Register.’’

8 15 U.S.C. 632. 

9Amendment of Parts 21 and 74 of the 

Commission’s Rules with Regard to Filing 

Procedures in the Multipoint Distribution Service 

and in the Instructional Television Fixed Service 

and Implementation of Section 309(j) of the 

Communications Act—Competitive Bidding, Report 

and Order, 10 FCC Rcd 9589, 9593, paragraph 7 

(1995) (‘‘MDS Auction R&O’’). The MDS and ITFS 

was renamed the Broadband Radio Service (BRS) 

and Educational Broadband Service (EBS), 

respectively. See Amendment of Parts 1, 21, 73, 74 

and 101 of the Commission’s Rules to Facilitate the 

Provision of Fixed and Mobile Broadband Access, 

Educational and Other Advanced Services in the 

2150–2162 MHz Band, WT Docket No. 03–66, 

Report and Order and Further Notice of Proposed 

Rulemaking, 19 FCC Rcd 14165 (2004). 

10See Letter to Margaret Wiener, Chief, Auctions 

and Industry Analysis Division, Wireless 

Telecommunications Bureau, FCC, from Gary 

Jackson, Assistant Administrator for Size Standards, 

Small Business Administration (dated Mar. 20, 

2003) (noting approval of $40 million size standard 

for MDS auction). 

11Basic Trading Areas (BTAs) were designed by 

Rand McNally and are the geographic areas by 

which MDS was auctioned and authorized. See 

MDS Auction R&O, 10 FCC Rcd at 9608, paragraph 

34. 

12 47 U.S.C. 309(j). Hundreds of stations were 

licensed to incumbent MDS licensees prior to 

implementation of section 309(j) of the 

Communications Act of 1934, 47 U.S.C. 309(j). For 

these pre-auction licenses, the applicable standard 

is SBA’s small business size standard for ‘‘other 

telecommunications’’ (annual receipts of $12.5 

million or less). See 13 CFR 121.201, NAICS code 

517910. 

13 13 CFR 121.201, NAICS code 517510. 

allocates the 2155–2160 MHz band to 

Fixed and Mobile services in order to 

allow the provision of AWS in this 

band. Although commenters did not 

explicitly address the Commission’s 

proposal to add a Mobile allocation to 

the 2155–2160 MHz band, such support 

is implicit in their support for 

redesignating the 2155–2175 MHz band 

for AWS use because a Mobile 

allocation is essential for the provision 

of AWS. 

3. The Commission notes that it does 

not decide here how to assign this new 

AWS spectrum at 2155–2175 MHz but 

will consider this issue in a separate 

service rules proceeding at a later date. 

It also notes that a current bilateral 

agreement in the 2155–2160/62 kHz 

band between the United States and 

Canada provides for coordinated use of 

Broadband Radio Service (BRS) and 

Educational Broadband Service (EBS) 

along the common border. The sharing 

of the 2160/62–2175 MHz band between 

the United States and Canada is covered 

by Arrangement A of the Agreement 

Concerning the Coordination and Use of 

Radio Frequencies Above Thirty 

Megacycles per Second, with Annex, as 

amended. There are no agreements with 

Mexico in the 2155–2175 MHz band. 

Accordingly, the Commission notes that 

there may be a need to negotiate new or 

modified agreements to provide for 

more flexible use of the spectrum with 

Canada and Mexico along the common 

borders. 

Final Regulatory Flexibility Analysis 

4. As required by the Regulatory 

Flexibility Act (RFA) 1 an Initial 

Regulatory Flexibility Analysis was 

incorporated in the Third Notice of 

Proposed Rule Making (Third NPRM) in 

ET Docket 00–258, 68 FR 12015, March 

13, 2003.2 The Commission sought 

written public comment on the 

proposals in the Third NPRM, including 

comment on the IRFA. This Final 

Regulatory Flexibility Analysis (FRFA) 

conforms to the RFA.3

A. Need for, and Objectives of, the 

Eighth Report and Order 

5. The Eighth Report and Order 

(Eighth R&O) reallocates the 2155–2160 

MHz band for Fixed and Mobile services 

and designates the 2155–2175 MHz 

band for the provision of advanced 

wireless services (AWS). The Eighth 

R&O is the latest in a series of decisions 

in ET Docket 00–258 allocating 

spectrum that can be used for the 

provision of new and innovative 

wireless communications services that 

we have collectively referred to as 

‘‘AWS.’’ The provision of this spectrum 

serves the public interest by promoting 

the rapid deployment of efficient radio 

communications facilities and supports 

the goals of Section 7 of the 

Communications Act,4 which sets forth 

a policy of encouraging the provision of 

new technologies and services to the 

public. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

Supplemental IRFA 

6. There were no comments filed that 

specifically addressed the rules and 

policies proposed in the IRFA. 

C. Description and Estimate of the 

Number of Small Entities To Which 

Rules Will Apply 

7. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

entities that will be affected by the 

rules.5 The RFA defines ‘‘small entity’’

as having the same meaning as the term 

‘‘small business,’’ ‘‘small organization,’’

and ‘‘small governmental jurisdiction.’’ 6

In addition, the term ‘‘small business’’

has the same meaning as the term 

‘‘small business concern’’ under the 

Small Business Act, unless the 

Commission has developed one or more 

definitions that are appropriate to its 

activities.7 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).8

8. Multipoint Distribution Service, 

Multichannel Multipoint Distribution 

Service. Multichannel Multipoint 

Distribution Service (MMDS) systems, 

often referred to as ‘‘wireless cable,’’

transmit video programming to 

subscribers using the microwave 

frequencies of Multipoint Distribution 

Service (MDS) and Instructional 

Television Fixed Service (ITFS).9 In 

connection with the 1996 MDS auction, 

the Commission defined ‘‘small 

business’’ as an entity that, together 

with its affiliates, has average gross 

annual revenues that are not more than 

$40 million for the preceding three 

calendar years. The SBA has approved 

of this standard.10 The MDS auction 

resulted in 67 successful bidders 

obtaining licensing opportunities for 

493 Basic Trading Areas (BTAs).11 Of 

the 67 auction winners, 61 claimed 

status as a small business. At this time, 

we estimate that of the 61 small 

business MDS auction winners, 48 

remain small business licensees. In 

addition to the 48 small businesses that 

hold BTA authorizations, there are 

approximately 392 incumbent MDS 

licensees that have gross revenues that 

are not more than $40 million and are 

thus considered small entities.12

9. In addition, the SBA has developed 

a small business size standard for Cable 

and Other Program Distribution,13

61744 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 

14 Id. 

15U.S. Census Bureau, 1997 Economic Census, 

Subject Series: Information, ‘‘Establishment and 

Firm Size (Including Legal Form of Organization),’’

Table 4 (issued October 2000). 

16 Id. 

17 47 CFR part 101 et seq. (formerly, part 21 of 

the Commission’s rules) for common carrier fixed 

microwave services (except MDS). 

18Persons eligible under parts 80 and 90 of the 

Commission’s rules can use Private-Operational 

Fixed Microwave services. See 47 CFR Parts 80 and 

90. Stations in this service are called operationalfixed to distinguish them from common carrier and 

public fixed stations. Only the licensee may use the 

operational-fixed station, and only for 

communications related to the licensee’s 

commercial, industrial, or safety operations. 

19Auxiliary Microwave Service is governed by 

Part 74 of Title 47 of the Commission’s rules. See 

47 CFR, part 74 et seq. Available to licensees of 

broadcast stations and to broadcast and cable 

network entities, broadcast auxiliary microwave 

stations are used for relaying broadcast television 

signals from the studio to the transmitter, or 

between two points such as a main studio and an 

auxiliary studio. The service also includes mobile 

TV pickups, which relay signals from a remote 

location back to the studio. 

20 13 CFR 121.201, NAICS code 517212. 

21U.S. Census Bureau, 1997 Economic Census, 

Subject Series: Information, ‘‘Employment Size of 

Firms Subject to Federal Income Tax: 1997,’’ Table 

5 (issued Oct. 2000). 

22 Id. The census data do not provide a more 

precise estimate of the number of firms that have 

employment of 1,500 or fewer employees; the 

largest category provided is ‘‘Firms with 1,000 

employees or more.’’

23 5 U.S.C. 603(c). 

24See 5 U.S.C. 801(a)(1)(A). 

25See 5 U.S.C. 604(b). 

which includes all such companies 

generating $12.5 million or less in 

annual receipts.14 According to Census 

Bureau data for 1997, there were a total 

of 1,311 firms in this category that had 

operated for the entire year.15 Of this 

total, 1,180 firms had annual receipts of 

under $10 million, and an additional 52 

firms had receipts of $10 million or 

more but less than $25 million.16

Consequently, we estimate that the 

majority of providers in this service 

category are small businesses that may 

be affected by the proposed rules and 

policies. Because the Commission’s 

action only affects MDS operations in 

the 2155–2160/62 MHz band, the actual 

number of MDS providers who will be 

affected by the proposed reallocation 

will only represent a small fraction of 

these small businesses. 

10. Fixed Microwave Services. 

Microwave services include common 

carrier,17 private-operational fixed,18

and broadcast auxiliary radio services.19

At present, there are approximately 

36,708 common carrier fixed licensees 

and 59,291 private operational-fixed 

licensees and broadcast auxiliary radio 

licensees in the microwave services. 

The Commission has not yet defined a 

small business with respect to 

microwave services. For purposes of the 

FRFA, we will use the SBA’s definition 

applicable to Cellular and other 

Wireless Telecommunications 

companies—i.e., an entity with no more 

than 1,500 persons.20 According to 

Census Bureau data for 1997, there were 

977 firms in this category, total, that 

operated for the entire year.21 Of this 

total, 965 firms had employment of 999 

or fewer employees, and an additional 

twelve firms had employment of 1,000 

employees or more.22 Thus, under this 

size standard, majority of firms can be 

considered small. We note that the 

number of firms does not necessarily 

track the number of licensees. We 

estimate that all of the Fixed Microwave 

licensees (excluding broadcast auxiliary 

licensees) would qualify as small 

entities under the SBA definition. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

11. The Eighth R&O reallocates the 

2155–2160 MHz band and designates 

the 2155–2175 MHz band to support the 

introduction of new AWS applications. 

The item does not propose service rules. 

The ultimate use of the band will be 

determined by future proceedings that 

adopt specific service rules and, more 

generally, by market forces operating 

within the framework of such rules. 

Accordingly, the item contains no new 

reporting, recordkeeping, or other 

compliance requirements. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities and 

Significant Alternatives Considered 

12. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities.23

13. In the Eighth R&O, we decided to 

provide additional spectrum to support 

the introduction of AWS because doing 

so will promote the rapid deployment of 

efficient radio communications. 

Another option would have been to not 

reallocate or designate the 2155–2160 

MHz band. We rejected this alternative 

because doing so would have limited 

our ability to provide additional 

spectrum and done little to minimize 

the potential economic impact on small 

entities. Specifically, because 

incumbent users in the 2155–2160 MHz 

band are subject to a transition plan 

adopted in a separate proceeding and 

would ultimately be required to cease 

use of spectrum in this band, a decision 

to not reallocate the spectrum would 

only have a minimal, short-term effect 

on incumbent users yet make it much 

more likely that valuable spectrum 

resources would lie fallow. 

Additionally, the provision of 

additional spectrum that can be used to 

support AWS can directly benefit small 

business entities by providing new 

opportunities for the provision of 

innovative new fixed and mobile 

wireless services by such entities. 

F. Report to Congress 

14. The Commission will send a copy 

of the Eighth R&O, including this FRFA, 

in a report to be sent to Congress 

pursuant to the SBREFA.24 In addition, 

the Commission will send a copy of the 

Eighth R&O, including the FRFA, to the 

Chief Counsel for Advocacy of the SBA. 

A copy of the Eighth R&O and the FRFA 

(or summaries thereof) will also be 

published in the Federal Register.25

Ordering Clauses 

15. Pursuant to Sections 1, 4(i), 7(a), 

301, 303(f), 303(g), 303(r), 307, 316, 332 

of the Communications Act of 1934, as 

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

157(a), 301, 303(f), 303(g), 303(r), 307, 

316, and 332, this Eighth Report and 

Order is Adopted and that part 2 of the 

Commission’s rules is amended, as 

specified in the regulatory text, effective 

November 25, 2005. 

16. Pursuant to Section 5(c) of the 

Communications Act, as amended, 47 

U.S.C. 155(c), the Office of Engineering 

and Technology and the Wireless 

Telecommunications Bureau Are 

Granted Delegated Authority to 

implement the requirement set forth in 

this Order. 

17. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Eighth 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 2 

Communications equipment, 

Reporting and recordkeeping 

requirements. 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 61745 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rule 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 2 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: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 2. Section 2.106, the Table of 

Frequency Allocations, is amended by 

revising page 34. 

The revisions read as follows: 

§ 2.106 Table of Frequency Allocations. 

* * * * * 

BILLING CODE 6712–01–P 

61746 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 


ER26OC05.000</GPH>
Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 61747 

* * * * * 

[FR Doc. 05–21406 Filed 10–25–05; 8:45 am] 

BILLING CODE 6712–01–C 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[ET Docket No. 00–258; FCC 05–172] 

Advanced Wireless Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission requires Broadband Radio 

Service (BRS) licensees in the 2150–

2160/62 MHz band to provide 

information on the construction status 

and operational parameters of each 

incumbent BRS system that would be 

the subject of relocation. 

DATES: Effective October 26, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Priya Shrinivasan, Office of Engineering 

& Technology, (202) 418–7005. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, ET 

Docket No. 00–258, FCC 05–172, 

adopted September 23, 2005, released 

September 29, 2005. The full text of this 

document is available on the 

Commission’s Internet site at http:// 

www.fcc.gov. It is also available for 

inspection and copying during regular 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

full text of this document also may be 

purchased from the Commission’s 

duplication contractor, Best Copy and 

Printing Inc., Portals II, 445 12th St., 

SW., Room CY–B402, Washington, DC 

20554; telephone (202) 488–5300; fax 

(202) 488–5563; e-mail 

FCC@BCPIWEB.COM. 

Summary of the Order 

1. In order to assist the Commission 

in determining the scope of the new 

Advanced Wireless Services (AWS) 

entrants’ obligation to relocate certain 

incumbent licensees in the 2150–2162 

MHz band, the Commission will require 

Broadband Radio Service (BRS) 

licensees in the 2150–2160/62 MHz 

band to provide the information to the 

Commission within 60 days and 120 

days of the effective date of this Order 

(the filing dates will correspond to 

information collection requirements for 

the Commission’s Universal Licensing 

System). The Commission reallocated 

this spectrum for AWS by Report and 

Order, 68 FR 3455, January 24, 2003, 

and the accompanying Eighth Report 

and Order in ET Docket No. 00–258, 

FCC 05–172. Currently, neither the 

Commission nor the public has reliable 

information on the construction status 

and/or operational parameters of each 

BRS system in the 2150–2160/62 MHz 

band that would be subject to 

relocation. Pursuant to Section 4(i) of 

the Communications Act, 47 U.S.C. 

154(i), the Commission believes that 

reliable, public data on each incumbent 

system that would be subject to 

relocation is essential well in advance of 

the planned auction of the 2150–2155 

MHz band next year. It notes that the 

information required would ultimately 

be necessary in the context of relocation 

negotiations. Because the Commission 

now licenses the BRS service on the 

basis of geographic licensing areas, BRS 

licensees will be required to submit 

information on the locations and 

operating characteristics of BRS systems 

(e.g., the location of base or fixed 

stations by coordinates, tower heights, 

power levels, etc.) in the 2150–2160/62 

MHz band, on other system 

characteristics of BRS incumbents (e.g., 

subscriber numbers and types of 

equipment used), and on categories of 

services provided (e.g., one-way or twoway service, point-to-point or point-tomultipoint operations, data or analog 

video service). The Commission also 

will require BRS licensees to provide 

this information even if the spectrum is 

leased to third parties. Further, because 

the Commission proposes relocation on 

a link-by-link basis, BRS licensees will 

be required, as part of the information 

on system design in the band, to provide 

the number of links (including the 

connection between a base station and 

subscriber premises equipment) within 

the system for both point-to-point and 

point-to-multipoint systems. To the 

extent that a system uses both BRS 

channels 1 and 2 as part of the same 

service (e.g., as a link to a two-way data 

service), BRS licensees will be required 

to make special note of this when 

providing their system information. The 

Commission notes that this list is not 

inclusive. This information will be 

collected through the Commission’s 

Universal Licensing System (ULS) and 

made available to the public. To further 

this process, the Commission has 

delegated authority to the Office of 

Engineering and Technology and the 

Wireless Telecommunications Bureau to 

issue public notices setting forth the 

specific data required of BRS licensees, 

when it is to be filed and the procedures 

for filing this information. Finally, the 

Commission finds that there is good 

cause to make the requirement for BRS 

licensees to file information effective 

upon publication of the Order in the 

Federal Register. The Commission has 

provided BRS licensees with ample time 

to file the required information and the 

ability to use the ULS to submit the 

information easily. As noted, reliable 

data on each incumbent system that 

would be subject to relocation is 

essential well in advance of the planned 

auction of the 2150–2155 MHz band 

next year. 

2. Pursuant to Section 4(i) of the 

Communications Act, as amended, 47 

U.S.C. 154(i), this Order is adopted, 

October 26, 2005. The Order contains 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13, that 

are not effective until approved by the 

Office of Management and Budget 

(OMB). 

3. Pursuant to Section 5(c) of the 

Communications Act, as amended, 47 

U.S.C. 155(c), the Office of Engineering 

and Technology and the Wireless 

Telecommunications Bureau Are 

Granted Delegated Authority to 

implement the requirement set forth in 

this Order. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–21408 Filed 10–25–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CC Docket No. 98–170 and CG Docket No. 

04–208; FCC 05–55] 

Truth-in-Billing and Billing Format; 

National Association of State Utility 

Consumer Advocates’ Petition for 

Declaratory Ruling Regarding Truth-inBilling 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved for three years the information 

collections contained in the Truth-inBilling and Billing Format; National 

Association of State Utility Consumer 

Advocates’ Petition for Declaratory 

Ruling Regarding Truth-in-Billing, 

Second Report and Order, Declaratory 

Ruling, and Second Further Notice of 

Proposed Rulemaking (Second Report 

and Order). The information collections 

contained in the Second Report and