[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Rules and Regulations]
[Page 61747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21408]


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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.

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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 <a href="/cdn-cgi/l/email-protection#397f7a7a797b7a69706e7c7b177a7674"><span class="__cf_email__" data-cfemail="3c7a7f7f7c7e7f6c756b797e127f7371">[email protected]</span></a>.

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 two-way service, point-to-point or 
point-to-multipoint 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


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