[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Proposed Rules]
[Pages 2722-2726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-647]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 21, 94, and 101

[WT Docket No. 94-148; FCC 94-314]


Microwave Fixed Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: By this action, the Commission proposed to simplify the rules 
for the common carrier and private operational fixed microwave services 
that are currently contained in separate Parts of the Commission's 
Rules, and to consolidate those rules into a new Part. The key 
objectives of this action are to restructure the fixed microwave rules 
so that they are easier for the public to understand and use, to 
conform similar rule provisions to the maximum extent possible, to 
eliminate redundancy, and to remove obsolete language from the 
Commission's Rules. The Commission is also reviewing the need for and 
impact of certain regulatory requirements and policies for the common 
carrier and private operational fixed microwave services.

DATES: Comments must be submitted on or before February 3, 1995. Reply 
comments must be submitted on or before February 21, 1995.

FOR FURTHER INFORMATION CONTACT:
Robert James, Wireless Telecommunications Bureau, (202) 634-1706.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking in WT Docket No. 94-148, FCC 94-314, adopted 
December 9, 1994, and released December 28, 1994. The full text of this 
Commission decision is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room 239), 1919 M 
Street NW., Washington, DC. The complete text of this decision also may 
be purchased from the Commission's copy contractor, International 
Transcription Service, Inc., (202) 857-3800, 2100 M Street NW., 
Washington, DC 20037.

Summary of the Order

    1. Common carrier microwave services and private operational fixed 
microwave services share many of the same frequency bands and use 
substantially the same equipment. As a result of recent changes that 
are discussed below, the interference standards, antenna standards, and 
coordination procedures for private and common carrier fixed microwave 
services have further converged. This rulemaking is an effort to 
conform filing, processing, operational, and technical requirements for 
services that are technically similar and, thereby, to gain significant 
economies and alleviate confusion to the public.
    2. Communications services that use the microwave spectrum for 
fixed services include common carriers (currently regulated by Part 21 
of the FCC Rules), common carrier multiple address systems (Part 22), 
broadcasters (Part 74), cable TV operators (Part 78), and private 
operational fixed users (currently regulated by Part 94). The radio 
frequency spectrum is allocated among these services on either a shared 
or an exclusive basis. When different service users have similar needs, 
they are sometimes required to share spectrum bands.
    3. Of the services listed above, the common carrier and private 
operational fixed microwave users are the most similar in technical 
requirements and share the most frequency bands. The convergence of the 
common carrier and private operational fixed microwave technical 
standards has occurred over the last decade as a result of several 
rulemaking proceedings. See Second Report and Order in GEN Docket No. 
79-188, 48 FR 50322 (1983); Third Report and Order in GEN Docket No. 
82-334, 52 FR 07136 (1987); Third Report and Order in GEN Docket No. 
82-243, 56 FR 34149 (1991); and First Report and Order in PR Docket No. 
83-426, 50 FR 13338 (1985). Recently, a further convergence of these 
two services occurred as a result of the reallocation of five bands 
above 3 GHz

[[Page 2723]]

on a co-primary basis to the common carrier and private operational 
fixed microwave licensees that are relocating from the 1850-1990, 2110-
2150, and 2160-2200 MHz bands (2 GHz bands) to accommodate Personal 
Communications Services (PCS) and other emerging technologies. See 
Second Report and Order in ET Docket No. 92-9, 58 Fed. Reg. 49220 
(1993). Although the emerging technologies proceeding resolved all the 
technical issues necessary for this reallocation, there were other 
technical matters raised in the proceeding, which were not considered 
critical to the 2 GHz microwave users' relocation to other regions of 
the spectrum, that were left to be settled in a future proceeding.
    4. Also, as a result of the emerging technologies spectrum 
reallocation and the resulting increase in frequency band-sharing, 
common carrier and private microwave industry members have united to 
develop joint interference standards and coordination procedures. For 
over a year, a subcommittee of the Telecommunications Industry 
Association's Fixed Point-to-Point Microwave Engineering Committee (TIA 
TR14.11 Interference Criteria Engineering Subcommittee) has held joint 
meetings with the National Spectrum Managers Association (NSMA), a 
group of frequency coordinators for Part 21 applicants, to determine 
interference criteria for Part 21 and Part 94 users. This collaboration 
has resulted in a revised TIA Telecommunications Systems Bulletin TSB 
10-F, ``Interference Criteria for Microwave Systems,'' (TSB 10-F) which 
was adopted by the microwave industry on May 31, 1994. Representatives 
from both the TIA fixed microwave group and the NSMA have met with 
Commission staff to discuss the benefits of common technical standards, 
processing procedures, and consolidated rules for common carrier and 
private operational fixed microwave users.
    5. Another factor necessitating this proceeding is that the 
majority of the license application processing for the Part 21 and Part 
94 microwave services is now being handled by the Wireless 
Telecommunications Bureau's Licensing Division in Gettysburg, 
Pennsylvania. Because the application processing for these services was 
formerly performed by different Commission offices, the processing 
practices and policies differed. See Public Notice, ``New Application 
Processing Practices in the Common Carrier Point-to-Point Microwave and 
Broadcast Auxiliary Services,'' DA 93-77, January 27, 1993, 8 FCC Rcd. 
775, (1993). This proceeding seeks to bring uniformity to the fixed 
microwave application processing procedures.
    6. The Part 21 and Part 94 rules need to be consolidated, 
conformed, and updated to allow the microwave industry to operate as 
efficiently as possible without being hampered by obsolete regulations. 
Because of the commonality of major portions of the existing common 
carrier and private operational fixed microwave rules and the industry 
move to create common standards and coordination procedures, we believe 
it would be beneficial to consolidate these rules into one 
comprehensive part. At the same time, this proceeding provides us with 
an opportunity to improve the organization of the microwave rules, to 
simplify them, to eliminate unnecessary language, and to make other 
substantive amendments.
    We expect that a new consolidated Part 101 will result in major 
benefits. First, the public will benefit because of a much simplified 
and streamlined licensing process. Second, the improvements in 
processing efficiency will save scarce Commission resources and free 
staff time to improve service to the public. Third, we expect the 
proposed rules to encourage more efficient use of the microwave 
spectrum. Finally, common technical standards for common carrier and 
private microwave equipment may lead to economies of scale in microwave 
equipment production and, thus, lower equipment prices to users.
    7. Proposed Part 101 is approximately 65 percent the volume of the 
current common carrier and private radio fixed microwave rules. This 
reduction results from the elimination of repetitive sections such as 
definitions, application procedures, and processing procedures, the 
elimination of unnecessary language, and the consolidation of the 
remaining rules. In the paragraphs below we address the proposed 
changes for each subpart and section of the rules, other than proposed 
changes that are editorial in nature or that concern only renumbering 
of existing rule language.
    8. We welcome comments on whether the scope of our consolidation 
effort is appropriate. We ask that comments identify the subject of 
their remarks, whenever possible, by citing the proposed section number 
of a rule (with cross-reference to the old rule as necessary). This 
identification will expedite and simplify our review of the comment on 
the many proposals contained in this Notice.

General Requirements

    9. Definitions. We propose to make minor editorial changes in the 
definitions where appropriate. In instances where a definition now 
appears in more than one rule section and is phrased inconsistently, we 
propose to use the phrasing that we believe to be the most precise. In 
cases where a definition appears in Part 2 of the Rules as well as in 
another part, the proposed Part 101 definition adopts the Part 2 
definition in order to conform with either the International 
Telecommunication Convention or the international Radio Regulations. 
Additionally, we propose to change the name and all relevant terms 
related to the Private Digital Termination System service to match the 
name and terms of the identical Common Carrier Digital Electronic 
Message Service. See proposed Section 101.3.

Applications and Licenses

    10. General Application Requirements. We propose to eliminate 
several application showings that are currently required of common 
carrier microwave applicants under Part 21 of the rules, but which are 
not essential for processing these applications. We request comments on 
each of these proposals. First, we propose to eliminate the financial 
showing required under Secs. 21.13(a)(2) and 21.17. Lack of financing 
has generally not been a problem in the common carrier services being 
transferred to Part 101, and we consider a certification of financial 
ability unnecessary in these services. Second, we propose eliminating 
the public interest showing required under Sec. 21.13(a)(4). We 
tentatively conclude that the public interest will generally be served 
by granting applications in these services that meet all the 
Commission's other rules and requirements, and that separate statement 
form the applicant pursuant to Sec. 21.13(a)(4) is unnecessary. We also 
note that the Commission can still request a separate public interest 
showing if this is deemed necessary in any particular case. Third, we 
propose eliminating the requirement that applicants submit a copy of 
any franchise or other authorization when such authorizations are 
required by local law. See Sec. 21.13(f). We request comments on 
whether we should replace this application showing with a rule, similar 
to that contained in Part 22 of the rules, stating that applicants must 
comply with all local franchise or authorization requirements, obtain 
any local authorizations by the end of the construction period, and 
notify the

[[Page 2724]]

Commission if local authorization is denied. See Sec. 22.13(f). Fourth, 
we propose eliminating showings regarding control over the station, see 
Sec. 21.13(g), and maintenance procedures, see Sec. 21.15(e). We 
request comments on whether we should replace these showings with a 
general rule describing a licensee's responsibilities for maintenance 
and control of the station and requiring that maintenance contracts 
must be in writing. See Sec. 22.205. We also request comments on 
whether we should continue to require the address and telephone number 
of a maintenance center or person responsible for technical operation, 
see Sec. 21.15(e)(1) and Item 18 of FCC Form 494 (``Application for New 
or Modified Microwave Radio Station License Under Part 21''), or 
whether this requirement is unnecessary and should also be deleted. 
Fifth, we propose to eliminate the vertical profile sketch, see 
Sec. 21.15(c), and the site availability showing, see Sec. 21.15(a), as 
these showings are not necessary for processing and lack of site 
availability has not been a problem in the common carrier services 
being transferred to Part 101. Sixth, we request comments on whether 
the public interest showing currently required of applicants in the 
Point-to-Point Microwave Radio Service pursuant to Sec. 21.706(a) 
should be retained or deleted. We also propose to allow electronic 
filing for all fixed microwave services authorized under Part 101 as is 
currently allowed for private land mobile applications. See proposed 
Sections 1.743, 1.913, and 101.37. Finally, we request comments on what 
requirements we should adopt regarding retention or posting of the 
station license. See e.g. Secs. 21.201, 22.201, and 94.107.
    11. Licensee Qualifications and Consummation of Assignments and 
Transfers. Under Part 21, applicants and licensees are currently 
required to provide ownership and character information on FCC Form 430 
(``Licensee Qualification Report''), see Sec. 21.11(a), and to disclose 
the real party in interest behind the application pursuant to 
Sec. 21.13(a)(1). See also Sec. 21.305. We request comment on precisely 
what ownership (including partnership) and character information we 
should continue to require of common carrier applicants and licensees 
under the new Part 101. In addition, under Sec. 21.11 (d), (e), and 
(f), applicants are required to complete assignments or transfers of 
control within 45 days of the date of authorization and to notify the 
Commission within 10 days of consummation. In the common carrier 
services being transferred to Part 101, applicants frequently request 
extensions of time to complete assignments or transfers. Such requests 
are routinely granted. Based on this experience, we request comment on 
whether the time for consummation of assignments and transfers should 
be extended to 360 days or longer, or whether applicants should be 
allowed merely to notify the Commission of failure to consummate, 
rather than requiring applicants to file, and the Commission to grant, 
repeated extension requests. We also propose to eliminate the 
requirement for common carriers to notify the Commission within 10 days 
of consummation.
    12. Commencing Operation. With regard to the requirement for 
stations to be placed in operation within a certain period after the 
date of grant, it has been common practice among some applicants to 
request and obtain a modification of their license and thereby obtain 
additional time within which to be in operation. Some applicants 
repeated this procedure several times, thereby extending their 
operational deadline far beyond the period contemplated by the rules. 
In response to these perceived abuses, the Commission's Private Radio 
Bureau Licensing Division issued a Public Notice clarifying that a 
station must be placed in operation within the time required by current 
Sec. 94.51 irrespective of whether the licensee had been granted an 
amendment to its station authorization. We propose to codify this 
longstanding interpretation of our rule. See proposed Section 101.63.
    13. Although current Sec. 94.51 requires that private fixed 
microwave stations be placed in operation within a time certain, it 
does not define what constitutes operation for purposes of the rules. 
In the past, several applicants have argued that the transmission of 
color bars or other types of strictly test signals satisfies the rule's 
requirement of being in operation. This interpretation has been 
uniformly rejected by the staff. Applicants have also argued that the 
Sec. 94.51 requirement of being in operation is satisfied as long as 
the station is simply capable of transmitting intelligence. The staff, 
however, has consistently informed the public that the mere capability 
of transmission does not satisfy the requirement of being in operation. 
We are proposing in Section 101.67(d) to make it clear that only the 
transmission of operational signals is sufficient to satisfy the ``in 
operation'' requirement and that neither the capability of transmission 
nor the transmission of color bars or similar test signals satisfies 
the requirement to be in operation. We are proposing to apply this 
requirement to both private and common carrier fixed microwave users, 
as the underlying basis for this proposal, efficient spectrum usage, 
applies equally to both groups. We request comment on whether this 
requirement is necessary or applicable for common carrier licensees 
under proposed Part 101.

Technical Standards

    14. Frequency Availability Chart. A new frequency availability 
chart has been placed in the proposed rules (proposed Section 101.101) 
for the convenience of licensees and applicants. In addition to showing 
the frequency availability for private and common carrier users, it 
also shows other services, such as broadcast, cable, PCS, MDS, and 
ITFS, that share the same bands. More specific technical information 
for the common carrier and private microwave services are contained in 
rule Subparts G through J.
    15. Coordination Procedures and Interference Standards. In the 
Second Report and Order in ET Docket 92-9, the Commission adopted the 
current Part 21 coordination procedures and the current Part 94 
interference standards for the relocated common carrier and private 
operational fixed microwave users. As stated above and in the Second 
Report and Order, the common carrier and private microwave industry 
members have united to develop joint interference standards and 
coordination procedures. We propose, therefore, to apply the same 
coordination procedures and interference standards to all bands for 
both private and common carrier fixed microwave services. In addition, 
we propose to modify the present coordination procedures and 
interference protection standards to be consistent with the TIA 
industry standards. See proposed Secs. 101.103 and 101.105.
    16. Transmitter Power Limitations. In addition to merging the 
transmitter power table from Parts 21 and 94, we also propose to 
eliminate the values for maximum allowable transmitter power, while 
retaining the values for Equivalent Isotropic Radiated Power (EIRP). 
See proposed Sec. 101.113. We are proposing to allow a maximum EIRP of 
+55 dBW for all point-to-point microwave bands from 4 GHz to 40 GHz, to 
allow for increased path reliability on long paths and to set a common 
standard for all bands. See proposed Sec. 101.113. This proposal is 
based partly on TIA recommendations. Comsearch also proposed a maximum 
allowable EIRP of +55 dBW in an earlier

[[Page 2725]]

proceeding. Comsearch points out that in Part 25 of the Rules, the 
terrestrial station EIRP used to determine frequency coordination 
distance in the 4, 6, and 11 GHz bands is +55 dBW, which corresponds 
with the International Telecommunications (ITU) Radio Rules and 
Regulations. The Commission decided not to act on that portion of 
Comsearch's petition, instead deferring consideration of maximum 
authorized power, antenna standards, and ATPC to a future proceeding. 
We seek comment on whether increasing the transmitter power limitations 
as proposed would have any negative impact on any radio users.
    17. Automatic Transmitter Power Control. ATPC is a feature of 
digital microwave radio that automatically adjusts transmitter output 
power based on path fading detected at the far-end receiver(s). In the 
emerging technologies/relocation proceeding, commenters proposed that 
ATPC should be explicitly authorized in the rules. In response, the 
Commission clarified in the rules that ATPC is permitted up to a 3 dB 
increase in power and encouraged industry groups to explore in greater 
detail under what circumstances ATPC should be authorized and whether a 
greater increase in power than 3 dB would be appropriate. We have 
reviewed the ATPC guidelines in TSB 10-F and are still uncertain of the 
necessity of including explicit provisions for it use in the rules. We 
seek comment on whether it is necessary to have TIA's recommendations 
for ATPC implementation included in our Rules. TSB 10-F contains 
provisions for up to three different power level specifications: 
maximum transmit power, coordinated transmit power, and nominal 
transmit power. We also seek comment on how these recommendations for 
ATPC should be implemented under our current licensing scheme, which 
authorizes only a single operating power level on each license, with 
that power being the one used in the coordination process. If the use 
of ATPC as described in TSB 10-F were to be permitted, what changes 
would the Commission have to make to its forms, licenses, and data 
base?
    18. Antenna Standards. All antenna standards for Part 101 services 
have been consolidated into one rule section (proposed section 
101.115). Few substantive changes to the antenna standards are 
proposed. In the Docket 92-9 proceeding, commenting parties raised 
concerns about our existing antenna standards, stating that the 
category A standards should be updated and that a new detailed 
definition of congested areas should be specified to maximize 
efficiency and permit full use of available bands. The Commission does 
not have sufficient information at this time to propose specific 
changes to these standards.

Developmental Authorizations

    19. We propose to eliminate the general requirement that applicants 
report on any patents applied for as a result of a developmental 
authorization. This information is in the public domain when the patent 
is granted, and our requirement is, therefore, duplicative. We also 
propose to modify the language concerning the confidentiality of 
developmental reports to make it consistent with our general rules on 
requests for confidentiality. The consolidated rules continue the 
prohibition on providing service for hire with a developmental grant 
now placed on common carriers and extends the prohibition against 
commercial operation of a developmental grant to private radio 
operations.
    20. In this Notice, we have proposed to amend the regulations for 
the common carrier and private operational fixed microwave services by 
consolidating and simplifying their present rule parts, contained 
respectively in Parts 21 and 94 of the Commission's Rules, to create a 
new Part 101. Our specific proposals are contained in the rules 
appendix. We solicit comment on them. We also invite comment on any 
additional changes that can make the Commission's microwave rules more 
``user friendly'' and help the staff provide improved service to the 
public.
    21. Initial Regulatory Flexibility Analysis. Pursuant to the 
Regulatory Flexibility Act of 1980, the Commission finds as follows:

A. Reason for Action

    This rulemaking proceeding is initiated to obtain comment regarding 
consolidation and simplification of the microwave rules not contained 
in parts 21 and 94 of title 47 of the Code of Federal Regulations.

B. Objectives

    This action would reduce redundancy now contained in the rules and 
remove obsolete rules and language. It would also simplify and clarify 
the requirements for filing license and other authorization 
applications, the processing of applications and other requests, and 
the operation of common carrier and private operational fixed microwave 
stations.

C. Legal Basis

    The proposed action is authorized by Sections 4(i) and 303(r) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 
303(r).

D. Description, Potential Impact, and Number of Small Entities Affected

    This reorganization and revision of the common carrier and private 
operational fixed microwave rules will reduce the volume of the rules 
by approximately 25 percent and make them easier to use and understand. 
Both the reduction in volume and consolidation of the rule should 
improve their usefulness as they will be more easily understood by, and 
save research time for, the public. The benefits would accrue to all 
interested parties, large and small entities alike. We invite specific 
comment by interested parties on the likely magnitude of the impact on 
small radio manufacturers and suppliers.

E. Reporting, Record Keeping, and Other Compliance Requirements

    There should be an overall decrease in reporting, record keeping, 
and other compliance requirements. The use of electronic filing alone 
should greatly reduce the amount of paperwork required to be filed and 
increase speed of service.

F. Federal Rules That Overlap, Duplicate or Conflict With These Rules

    None.

G. Significant Alternatives Minimizing Impact on Small Entities 
Consistent With Stated Objectives

    The objective of this proceeding is to minimize confusion, research 
time, record keeping and recording for users of microwave radio 
frequencies. We are unaware of other alternatives that would be as 
desirable. We solicit comments on this point.
    22. Other Matters. This is a non-restricted notice and comment 
rulemaking proceeding. Ex parte presentations are permitted, provided 
they are disclosed as provided in the Commission's rules. See generally 
47 CFR 1.1202, 1.1203, and 1.1206(a).
    23. This action is taken pursuant to Sections 4(i) and 303(r) of 
the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i) 
and 303(r).
    24. Pursuant to applicable procedures set forth in Sections 1.415 
and 1.419 of the Commission's Rules, interested parties may file 
comments on or before February 3, 1995, and reply comments on or before 
February 21, 1995. All relevant and timely comments will be

[[Page 2726]]

considered by the Commission before final action is taken in this 
proceeding. To file formally in this proceeding, participants must file 
an original and four copies of all comments, reply comments, and 
supporting comments. If participants want each Commissioner to receive 
a personal copy of their comments, an original plus nine copies must be 
filed. Comments and reply comments should be sent to Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554. 
Comments and reply comments will be available for public inspection 
during regular business hours in the Reference Center (Room 239) of the 
Federal Communications Commission, 1919 M Street, NW., Washington, DC 
20554.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers.

47 CFR Part 2

    Communications equipment.

47 CFR Part 21

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, Television.

47 CFR Part 94

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 101

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, Television.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-647 Filed 1-10-95; 8:45 am]
BILLING CODE 6712-01-M