Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules 24749

(c) Notify the Commission that it no

longer seeks to maintain ETC status.

§ 1.4007 Comments.

(a) Any person wishing to be heard

concerning an application for ETC

status may file comments with the

Commission within fifteen (15) days

from the release date of a public notice

regarding the application, or such other

period of time set by the Commission.

Any comments must be limited to the

adequacy or accuracy of the application.

(b) Any person who files comments

with the Commission must also serve

copies of all comments on the applicant.

(c) An applicant has seven (7) days to

reply to any comments filed regarding

the adequacy and accuracy of its

application, or such other period of time

as set by the Commission. Such reply

shall be served on the commenters.

[FR Doc. 96–11964 Filed 5–15–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 15

[ET Docket No. 96–102; FCC 96–193]

Unlicensed NII/SUPERNet Operations

in the 5 GHz Frequency Range

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: By this Notice of Proposed

Rule Making (‘‘NPRM’’), the

Commission proposes to make available

350 megahertz of spectrum at 5.15—5.35

GHz and 5.725—5.875 GHz for use by a

new category of unlicensed equipment,

called NII/SUPERNet devices. These

devices would provide short-range, high

speed wireless digital communications

on an unlicensed basis. The

Commission anticipates that these NII/

SUPERNet devices will support the

creation of new wireless local area

networks (‘‘LANs’’) and will facilitate

wireless access to the National

Information Infrastructure (‘‘NII’’). This

action is in response to petitions for rule

making filed by the Wireless

Information Networks Forum

(WINForum) and Apple Computer, Inc.

DATES: Comments must be filed on or

before July 15, 1996 and reply

comments must be filed on or before

August 14, 1996.

ADDRESSES: Comments and reply

comments should be sent to Office of

the Secretary, Federal Communications

Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Tom

Derenge, Office of Engineering and

Technology (OET), (202) 418–2451, or

Fred Thomas, OET, (202) 418–2449.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, ET Docket No.

96–102, FCC 96–193, adopted April 25,

1996 and released May 6, 1996. 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, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1919 M Street, N.W., Room 246,

or 2100 M Street, N.W., Suite 140,

Washington, D.C. 20037. Additionally,

an electronic version of the text may be

obtained from the World Wide Web at

the URL:’’http://www.fcc.gov/Bureaus/

EngineerinlTechnology/Notices/’’.

Summary of the Notice of Proposed

Rule Making

1. The Commission proposes to

amend Part 15 of its rules and to make

available 350 megahertz of spectrum at

5.15—5.35 GHz and 5.725—5.875 GHz

for use by a new category of unlicensed

equipment, called NII/SUPERNet

devices. This amount of spectrum

should be sufficient to provide for a

number of high-speed, wide-bandwidth,

unlicensed operations in each

geographical area to meet growing

demand for data LANs. These devices

may offer new opportunities for

providing advanced

telecommunications services to

educational institutions, health care

providers, libraries, businesses, and

other users. These devices may thereby

significantly assist in meeting the

universal service goals and encouraging

the provision of advanced

telecommunications capabilities to all

Americans as set forth in the

Telecommunications Act of 1996. This

action should also foster the

development of a broad range of new

devices and services that will stimulate

economic development and the growth

of new industries. The Commission

feels that additional studies of spectrum

sharing between the proposed

unlicensed operations and existing and

other proposed operations in the 5 GHz

range would be useful and requests that

interested parties address this matter in

their comments.

2. In order to permit maximum

technical flexibility in the design and

operation of NII/SUPERNet devices, the

Commission proposes that such devices

be subject to the minimum technical

standards necessary to prevent

interference to other services and to

ensure that the spectrum is used

efficiently. Specifically, the NPRM

proposes to limit the peak equivalent

isotropically radiated power (EIRP) for

NII/SUPERNet devices to ¥10 dBW (0.1

watt), which would provide for typical

communications distances of 50 to 100

meters. The Commission, however, does

not propose at this time to accommodate

the higher power, longer range

(approximately 10–15 kilometer)

communications links sought by the

petitioners due to concerns that such

higher power operations would pose

unacceptable interference risks to other

services, such as the fixed satellite

service in the 5.10–5.25 GHz band, and

would greatly limit the number of

unlicensed operations within a local

area. Nonetheless, comment is solicited

on whether to permit such higher power

operation at up to 1 watt of transmitter

output power within the 5.725–5.875

GHz band; whether to limit the

maximum antenna gain; and whether

higher power operations would be better

accommodated on a licensed basis in

this band or in other bands presently (or

soon to be) available for licensed use

(e.g., 2 GHz, 28 GHz, 38 GHz, or above

40 GHz ranges).

3. Furthermore, the NPRM proposes

that all emissions occurring from NII/

SUPERNet devices outside of the 5.15–

5.35 GHz and 5.725–5.875 GHz bands be

attenuated by at least 50 dB or to the

radiated emission limits set forth in 47

CFR § 15.209, whichever is the lesser

attenuation. In addition, the NPRM

proposes that any emissions occurring

in the restricted bands (see 47 CFR

§ 15.205) comply with the radiated

emission limits set forth in 47 CFR

§ 15.209. The Commission believes that

these out-of-band emission limits will

provide sufficient protection against

harmful interference to adjacent band

and harmonically related radio

operations. Additionally, the NPRM

proposes to amend Section 15.205 to

delete the listing of 5.15–5.25 GHz as a

restricted band. Further, to ensure that

the emissions from digital circuitry

employed with the NII/SUPERNet

equipment do not cause harmful

interference to lower frequency radio

operations, the NPRM proposes to

require that any such emissions below

1000 MHz comply with the general field

strength limits set forth in Section

15.209.

4. The NPRM does not at this time

propose a channeling plan, in order to

provide flexibility for equipment

designers to develop devices and

systems that will meet a wide variety of

user needs. However, comment is

solicited on whether a channel

bandwidth (e.g., 25 MHz) should be

established to ensure that the spectrum

will be used efficiently and will be
24750 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules

accessible to users of NII/SUPERNet

devices.

5. The NPRM proposes a basic ‘‘listenbefore-talk’’ interim etiquette similar to

that established for unlicensed Data-PCS

devices in order to expedite the

development and introduction of NII/

SUPERNet devices. However, the

Commission encourages industry to

develop any additional etiquette

protocols that would increase spectrum

efficiency and facilitate equal access to

the spectrum by a variety of devices.

Specifically, the proposed interim

etiquette would require unlicensed

devices: to monitor the frequencies they

will occupy to determine if the

frequencies are unused and available; to

limit the maximum time unlicensed

devices may transmit to 10

milliseconds; and to require unlicensed

devices to wait after ceasing

transmission 50 microseconds before

beginning to monitor again. Comment is

sought on whether these interim

standards would be appropriate, and

interested parties are invited to submit

alternatives.

6. The NPRM also proposes to

establish sharing criteria between

unlicensed NII/SUPERNet devices and

incumbent and proposed licensed

operations in the 5 GHz range.

Specifically, the NPRM proposes that

NII/SUPERNet devices not be deemed to

cause interference to licensed services,

provided that they operate in

accordance with the Commission’s

technical rules and they are located

indoors or employ an outdoor antenna

that is mounted 15 meters or less above

the ground. NII/SUPERNet devices with

outdoor antennas higher than 15 meters

would be required to cease operation or

make some accommodation, such as

limiting power, to eliminate any

harmful interference caused to a

licensed operation. Finally, consistent

with unlicensed part 15 operation, NII/

SUPERNet devices must accept any

interference caused by licensed services.

Initial Regulatory Flexibility Analysis

1. Reason For Action: The

Commission finds that there is a need

for additional unlicensed spectrum for

intentional radiators. This rule making

proceeding is initiated to obtain

comment regarding proposals to make

spectrum in the 5 GHz band available

for such purposes and to amend the part

15 rules to add the technical

requirements necessary to permit

sharing between the proposed new

unlicensed devices and incumbent

operations.

2. Objective: The objective of this

proposal is to provide adequate

unlicensed spectrum for wideband

applications, and to provide for the

technical rules necessary for spectrum

sharing and efficiency.

3. Legal Basis: The proposed action is

authorized by sections 4(i), 303(c),

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

Communications Act of 1934, as

amended, 47 U.S.C. sections 154(i),

303(c), 303(f), 303(g) and 303(r). These

provisions authorize the Commission to

make such rules and regulations as may

be necessary to encourage more effective

use of radio as is in the public interest.

4. Description, Potential Impact, and

Number of Small Entities Affected: This

proposal may provide new

opportunities for radio manufacturers

and suppliers of radio equipment, some

of which may be small businesses, to

develop and sell new equipment. The

Commission is unable to quantify other

potential effects on small entities. The

NPRM invites specific comments on this

point by interested parties.

5. Reporting, Record Keeping, and

Other Compliance Requirements: None.

6. Federal Rules That Overlap,

Duplicate, or Conflict With This Rule:

None.

7. Significant Alternatives: If

promulgated, this proposal will provide

additional unlicensed spectrum. The

Commission is unaware of other

alternatives which could provide

sufficient spectrum in the immediate

future. The NPRM solicits comment on

this point.

List of Subjects in 47 CFR Part 15

Radio,

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–12216 Filed 5–15–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672 and 675

[Docket No. 960503125–6125–01; I.D.

040996A]

RIN 0648–AH03

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands; Salmon Donation

Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule to implement Amendment 26 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area and

Amendment 29 to the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (FMPs). This rule would

authorize a voluntary Salmon Donation

Program (SDP) for distribution of Pacific

salmon taken as bycatch in the

groundfish trawl fisheries off Alaska to

economically disadvantaged individuals

by tax-exempt organizations through a

NMFS-authorized distributor. This

action would support industry

initiatives to reduce waste from discard

in the groundfish fisheries by processing

salmon bycatch for human

consumption. This action is intended to

promote the goals and objectives of the

FMPs that govern the commercial

groundfish fisheries off Alaska.

DATES: Comments must be received by

July 1, 1996.

ADDRESSES: Comments should be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802, Attn: Lori Gravel, or delivered to

the Federal Building, 709 West 9th

Street, Juneau, AK. Copies of

Amendments 26 and 29 and the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) prepared for

the amendments may be obtained from

the North Pacific Fishery Management

Council, 605 West 4th Ave., Suite 306,

Anchorage AK 99510–2252; telephone:

907–271–2809. Send comments

regarding burden estimates or any other

aspect of the data requirements,

including suggestions for reducing the

burdens, to NMFS and to the Office of

Information and Regulatory Affairs,

OMB, Washington, DC 20503, Attn:

NOAA Desk Officer.

FOR FURTHER INFORMATION CONTACT:

Susan J. Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION: Fishing

for groundfish by U.S. vessels in the

exclusive economic zone of the Gulf of

Alaska (GOA) and Bering Sea and

Aleutian Islands management area

(BSAI) is managed by NMFS according

to the respective FMPs for the

groundfish fisheries of the GOA and

BSAI. The FMPs were prepared by the

North Pacific Fishery Management

Council (Council) under the Magnuson

Fishery Conservation and Management

Act (16 U.S.C. 1801, et seq.) (Magnuson

Act) and are implemented by

regulations governing the U.S.

groundfish fisheries at 50 CFR parts 672,

675, and 676. General regulations that

also pertain to U.S. fisheries are codified

at 50 CFR part 620.