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Federal Register / Vol. 71, No.

100 / Wednesday, May 24, 2006 / Rules and Regulations 29811

Parklawn Building, Room 11C–06, 5600 DATES: Effective June 23, 2006. consistent with proposals made in the
Fishers Lane, Rockville, Maryland FOR FURTHER INFORMATION CONTACT: Ted AWS Fourth NPRM, 68 FR 52156,
20857’’. Ryder, Office of Engineering and September 2, 2003, and previous actions
■ 6. Revise § 102.44 paragraph (d) to Technology, Policy and Rules Division, in this proceeding and with the United
read as follows: (202) 418–2803, e-mail: States Department of Commerce, National Telecommunications and
§ 102.44 Representatives of requesters. Information Administration (‘‘NTIA’’)
* * * * * 2002 Viability Assessment, which
(d) No payment or reimbursement for summary of the Commission’s Fourth
adderssed relocation and
representatives’ fees or costs. The Act Memorandum Opinion and Order, ET
reaccommodation options for Federal
does not authorize the Secretary to pay, Docket No. 00–258, and WT Docket No.
Government operations in the band
or reimburse for, any fees or costs 02–8, FCC 06–43, adopted April 5, 2006,
1710–1755 MHz.
associated with the requester’s use of a and released April 11, 2006. The full 2. In the Memorandum Opinion and
personal representative under this text of this document is available on the Order, the Commission denied both the
Program, including those of an attorney. Commission’s Internet site at http:// MSTV/NAB and the SBE petitions. In It is also available for this regard, the Commission found that
§ 102.83 [Amended] inspection and copying during regular the Petitioners have not raised any new
■ 7. Amend § 102.83, paragraph (c), by business hours in the FCC Reference arguments or concerns that were not
removing the second occurance of the Center (Room CY–A257), 445 12th already considered by the Commission
word ‘‘requester’’ and in its place add Street., SW., Washington, DC 20554. in its adoption of the AWS Seventh
the word ‘‘Secretary’’ at the end of the The full text of this document also may Report and Order and that the
fourth sentence of that section. be purchased from the Commission’s Commission’s decision properly
duplication contractor, Best Copy and addressed the relevant facts in order to
§ 102.90 [Amended] Printing Inc., Portals II, 445 12th St., reach its conclusion that BAS and
■ 8. Amend § 102.90 as follows: SW., Room CY–B402, Washington, DC Federal Government operations will be
■ A. In paragraph (b)(1) remove the 20554; telephone (202) 488–5300; fax able to co-exist in the band. The
words ‘‘Special Programs Bureau’’, and (202) 488–5563; e-mail Commission, however, provided
add in their place ‘‘Healthcare Systems FCC@BCPIWEB.COM. additional clarification on a matter
Bureau,’’ and remove the words ‘‘Room Summary of the Report and Order raised in the SBE petition.
16C–17, and add in their place ‘‘Room 3. In the AWS Seventh Report and
12–105’’; 1. The Commission considered two Order, the Commission undertook the
■ B. In paragraph (b)(2) remove the petitions for reconsideration specific task of reaccommodating
words ‘‘Special Programs Bureau, (‘‘Petitions’’) of the Seventh Report and Federal users in order to make the band
Health Resources and Services Order, 69 FR 77938, December 29, 2004, 1710–1755 MHz available for AWS use.
Administration, 4350 East-West in this proceeding, one filed by the This decision was part of a larger and
Highway, 10th Floor, Bethesda, Association for Maximum Service substantially more complex proceeding
Maryland 20814,’’ and add in their Television and National Association of designed to make spectrum available for
place ‘‘Healthcare Systems Bureau, Broadcasters (together, ‘‘MSTV/NAB’’) a variety of new and innovative wireless
Parklawn Building, Room 12–105, 5600 and the other by the Society of services and involving a variety of
Fishers Lane, Rockville, Maryland Broadcast Engineers, Inc. (‘‘SBE’’). In bodies, including this Commission,
20857’’; the Seventh Report and Order (‘‘AWS Federal stakeholders as represented
■ C. In paragraph (c), remove the words Seventh Report and Order’’) in this through NTIA, and Congress.
‘‘Special Programs Bureau’’ and add in proceeding, the Commission, among 4. In the AWS Seventh Report and
their place ‘‘Healthcare Systems other things, allowed primary access to Order decision, the Commission
Bureau’’. the band 2025–2110 MHz for recognized the concerns of the
Department of Defense (‘‘DOD’’) uplink broadcasting community that sharing of
[FR Doc. 06–4762 Filed 5–23–06; 8:45 am] earth stations at 11 sites to support the band 2025–2110 MHz (‘‘the 2 GHz
military space operations (also known band’’) by TV BAS stations and DOD
as tracking, telemetry, and commanding TT&C uplink earth stations would be
or ‘‘TT&C’’) on a co-equal basis with challenging in some instances, given the
FEDERAL COMMUNICATIONS stations in the incumbent Television high power and close proximity of some
COMMISSION Broadcast Auxiliary Service (‘‘BAS’’), of these earth stations to nearby cities
Cable Television Relay Service served by BAS. However, it affirmed its
47 CFR Parts 1, 2, and 87 (‘‘CARS’’), and Local Television confidence that such sharing is feasible
[ET Docket No. 00–258, WT Docket No. 02– Transmission Service (‘‘LTTS’’). For and will promote the public interest,
8; FCC 06–43] simplicity, in the remainder of this particularly in the ultimate provision of
document the BAS, LTTS, and CARS AWS to the public. To maintain its
Advanced Wireless Service services collectively will be referred to longstanding policy that first-licensed
AGENCY: Federal Communications as BAS. The actions taken in the AWS facilities have the right of protection
Commission. Seventh Report and Order were from later-licensed facilities operating
ACTION: Final rule. specifically designed to facilitate the in the same band, and to facilitate
introduction of new advanced wireless compatible operations, the Commission
SUMMARY: This document denies services (‘‘AWS’’) in the band 1710– required each DOD earth station to
Petitions for Reconsideration and 1755 MHz by providing replacement coordinate with all potentially affected
affirms the Commission’s decision that spectrum for clearing that band of BAS stations prior to earth station
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the Broadcast Auxiliary Service and incumbent Federal Government authorization. Additionally, for the rare
other incumbent services will share the operations that would otherwise impede situation where no reasonable
2025–2110 MHz band with relocated the development of new nationwide coordination can be negotiated, the
Department of Defense facilities. AWS services. These actions were Commission stated that the issue may be

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29812 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations

raised to the FCC and NTIA to jointly example, MSTV/NAB note that one of 10. SBE asks that we confirm that a
arbitrate resolution. the techniques, time-sharing, would DOD TT&C uplink earth station at 2
present broadcasters with the choice of GHz must demonstrate protection not
covering a breaking news story with a only to fixed TV BAS links, such as
5. MSTV/NAB Petition for corrupted news feed, or not covering the studio-transmitter links (‘‘STLs’’) and
Reconsideration. In their petition for story at all. TV relays (also known as inter-city
reconsideration, MSTV/NAB claim that 8. In light of the deficiencies that they relays (‘‘ICR’’), but also to fixed RO
the Commission improperly established allege, MSTV/NAB contend that sharing antennas associated with ENG mobile
a framework for BAS-Federal of the 2025–2110 MHz BAS band with TV pickups (‘‘TVPUs’’), which are more
Government coordination in the band DOD operations should not be allowed difficult to protect, because no
because it did not require NTIA to until the record shows that measures to allowance can be made for antenna
disclose the complete technical protect incumbent BAS operations directivity, as such antennas are either
parameters for all of the 11 DOD TT&C would be feasible and productive. omnidirectional or remotely steerable.
uplink earth stations to be relocated to MSTV/NAB also assert that we should SBE also seeks clarification of the
the 2 GHz band. MSTV/NAB argue that facilitate prospective coordination statement in paragraph 27 of the AWS
without this information, it is efforts by establishing a formal process Seventh Report and Order, that ‘‘[f]or
impossible to assess the impact of the through which the Commission, NTIA, those rare situations where no
earth stations on incumbent BAS and DOD would investigate, with input reasonable coordination can be
operations and therefore the from affected parties, the feasibility of negotiated, the issue may be raised to
Commission’s confidence that spectrum coordination and would define the the FCC and NTIA to jointly arbitrate
sharing is feasible is unsupportable. precise technical parameters to be used resolution.’’ Specifically, SBE expresses
6. MSTV/NAB also assert that the for coordinating each of the 11 DOD concern that in cases where DOD cannot
Commission fatally failed to properly TT&C earth stations. demonstrate protection to ENG RO sites,
consider two studies provided in 9. SBE Petition for Reconsideration. joint FCC/NTIA arbitration may over-
MSTV/NAB’s comments in response to SBE indicates that, in its comments rule the protection requirements and
the AWS Fourth NPRM, which MSTV/ responding to the AWS Fourth NPRM, it authorize the DOD earth station over
NAB contend show that relocation of stated that allowing up to 11 DOD TT&C BAS objections.
the DOD TT&C uplink earth stations earth stations to share the 2 GHz band
would require extraordinary with BAS incumbents would only be Decision
coordination and would result in feasible if the BAS operations were 11. The record of this proceeding
extensive interference to incumbent converted to digital and the earth station provided sufficient basis for the
BAS operations. One of these studies antenna side-lobe suppression were Commission to determine that, as a
identified all BAS facilities within the improved by 30 dB by the addition of general proposition, incumbent BAS
coordination zone of each DOD earth a ‘‘pie plate’’ shroud around the facilities will be able to share the band
station, showing that a large number of periphery of the antenna. SBE claims 2025–2110 MHz with relocated DOD
BAS licensees would need to coordinate that these steps would result in up to a TT&C uplink earth stations, and doing
with each earth station, some with 60 dB improvement in the desired-to- so serves the public interest by
multiple earth stations, and a significant undesired (D/U) signal ratio at fixed promoting spectrum efficiency and
number on an ongoing, proactive basis, receive-only (RO) antennas associated allowing for the rapid introduction of
to prevent interference from the earth with electronic newsgathering (‘‘ENG’’) new and innovative AWS services. In
stations. The study concluded that a operations, which it asserts could the AWS Seventh Report and Order, the
significant impact on BAS licensees in change the BAS–DOD relationship from Commission adopted an approach that
large, congested markets would result. frequency sharing to frequency re-use. paired the application of a variety of
The second study purported to Accordingly, in its petition for interference mitigation techniques with
demonstrate that the high powers of reconsideration, SBE asks us to require a requirement of coordination (and
DOD earth stations would cause that all DOD TT&C earth stations have further FCC/NTIA arbitration and
interference, and in some cases cause their sidelobe suppression upgraded to resolution, if necessary) to allow for
complete overload, to nearby BAS at least 90 dB. Similarly, SBE faults our shared, co-primary use of the band.
receive sites, such as those at Goffstown, conclusion that the use of shielding Neither MSTV/NAB nor SBE has raised
New Hampshire, any time the earth berms around an earth station would be any new arguments or concerns that
station operates and concluded that the one means of enabling sharing of the were not already considered or would
DOD earth stations would cause harmful band. SBE claims that such berms otherwise warrant reconsideration of
interference to nearby BAS systems would need to be impracticably high— that decision and we are therefore
much of the time. These studies, MSTV/ 100 to 200 feet above ground level—to denying their petitions.
NAB argue, contain evidence that the protect ENG RO antennas typically 12. In the AWS Seventh Report and
DOD earth stations would cause located on tall buildings, towers, or Order, the Commission determined that
unavoidable interference to BAS mountain tops, and thus would severely sharing techniques currently exist that
facilities. As such, they conclude that restrict the earth station’s low elevation can be deployed to enable the 11 DOD
the Commission’s decision mandating look angles to a degree unacceptable to earth stations to be engineered into 2
sharing was both unsupported by the DOD. SBE also claims that the GHz without harming existing BAS
evidence in the record and inconsistent Commission inaccurately characterized operations. Although the petitions
with the Commission’s goals. SBE’s position as to whether the 11 question whether particular interference
7. Finally, MSTV/NAB argue that the DOD TT&C earth stations could mitigation techniques would be
Commission erred in not demonstrating, successfully share the 2 GHz band with practical in particular situations, they
by specific evidence, that the spectrum do not refute the Commission’s
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BAS operations converted to digital by

sharing techniques that can permit omitting SBE’s contention that both determination that such techniques are
sharing will be effective in situations digital operations and earth station side- established and accepted means of
where BAS and DOD facilities will lobe suppression measures must be allowing for co-channel operations and
share the band 2025–2110 MHz. As an required. can collectively resolve a variety of

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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations 29813

sharing situations. Moreover, to ensure mandate sharing techniques to be used 15. To the extent that MSTV/NAB are
successful coordination in individual in each situation. Doing so would have concerned that the number of BAS
situations, the Commission required been impractical and was not necessary licensees with which a DOD earth
that coordination be accomplished with to the determination that sharing in the station will need to coordinate is too
BAS licensees of stations within the band is feasible. Moreover, the large to be practical, we note that earth
coordination contour of the earth Commission also observed that while stations typically are subject to large
station, consistent with Appendix 7 of enabling relocation of earth station coordination distances, varying up to
the International Telecommunication operations from the band 1755–1850 500 km, and consequently, in spectrum
Union (‘‘ITU’’) Radio Regulations, and MHz to the 2 GHz band will over time shared with terrestrial microwave
engage the local BAS frequency allow DOD the flexibility to systems, large numbers of licensees with
coordinator(s), where available, in accommodate additional systems in the which to coordinate. Earth station
support of achieving such coordination. lower band, DOD may eventually coordination in the 2 GHz band would
For the rare situation where no choose not to use the 2 GHz band for be no exception in this regard. The
reasonable coordination can be some of its 11 sites, due to coordination effective engagement of local BAS
negotiated, the Commission stated that difficulties with incumbent operations. frequency coordinators, where available
the issue may be raised to the FCC and Given the breadth of options available in addition to BAS licensees, should be
NTIA to jointly arbitrate resolution, and in each particular situation, we do not able to facilitate the accomplishment of
that the Commission will not concur share MSTV/NAB’s belief that more coordination. Moreover, the
with authorizing operation of any 2 GHz concrete and reliable scientific and establishment of a single BAS
DOD TT&C uplink earth station in the technical evidence, or more coordinator for large areas, for which
absence of successful coordination investigation and analysis is necessary the BAS coordinator for the Los
between DOD and the affected BAS before we can require sharing in the Angeles/Southern California area may
incumbents. Finally, to ensure that band. be a model, would be particularly
future BAS licensees have a means for 14. In acknowledging that sharing at advantageous. With respect to MSTV/
coordinating their proposed operations some of the sites will be difficult, the NAB’s concern for real-time
with the DOD TT&C uplink earth Commission examined the particularly coordination for on-going BAS TVPU
station, DOD earth stations are required challenging situation in Denver. It ENG deployment, we observe that the
to maintain a point of contact for determined that the Buckley AFB need for, and extent of, such
coordination. We conclude that the use (‘‘Buckley’’) site exhibited numerous
of proven interference mitigation coordination can be determined at the
and significant interference potentials time of the initial coordination of the
techniques and these coordination into ENG receive antennas located on
safeguards will ensure successful shared earth station. At that time, the flexibility
tall buildings and towers in nearby of both DOD earth station and on-going
DOD–BAS use of the band. downtown Denver, generally to the west BAS ENG operations and antenna
13. We disagree with the contention of Buckley, and into mountain site
pointing may be considered, especially
by MSTV/NAB that we could not reach antennas further west, which may tend
where the earth station site is close to
this conclusion without additional to point back toward Denver for
a major TV market, as both services will
detailed and specific information about coverage, and thus toward Buckley. The
at times need to operate in a manner not
the 11 DOD TT&C uplink earth stations Commission noted that existing sharing
anticipated that could result in
to be relocated in the 2 GHz band. In techniques—such as limiting power,
analyzing situations where BAS pointing direction, or vertical elevation interference to BAS operations. It will
incumbents would be operating in of the DOD earth station antenna; therefore be in the interests of both to
proximity to the 11 DOD TT&C earth adjusting satellite orbital coverage; reach a mutually agreeable solution
station sites, the Commission constructing berms, installing RF concerning coordination of on-going
acknowledged that location data shielding, or increasing earth station operations. In this connection, NTIA has
supplied by SBE indicate a significant antenna sidelobe suppression; operation agreed that the DOD earth station point
potential for interference from DOD on adjacent ENG channels; taking of contact for coordination, as required
TT&C earth stations at the 11 sites into advantage of ENG receive antenna by the AWS Seventh Report and Order
fixed receive-only receivers used in sidelobe suppression; arranging time- for the coordination of future BAS
connection with BAS ENG TVPUs, and sharing agreements; or using specific stations, would also be available for the
made its determination with this in criteria which fully consider ENG coordination of on-going BAS TVPU
mind. Site-specific analysis, however, is power, modulation, and performance— ENG operations, should such a
more appropriate to the point of could address those interference requirement be determined by DOD, in
coordination, well before construction potentials. It concluded that because concert with the local BAS
and operation, as is normally the case these sharing techniques, together with coordinator(s) and licensees.
for any satellite earth station or coordination, can facilitate Engagement of the earth station’s point
terrestrial station anticipating operation implementation of the DOD TT&C earth of contact for coordination, particularly
in spectrum in which coordination is stations at the 11 sites, there are no in concert with the local BAS frequency
required. At that time, DOD will be able insurmountable technical obstacles that coordinator(s), where available, will
to take timely advantage of the latest would prevent a primary, co-equal address MSTV/NAB’s concern that
technological capabilities, as well as any allocation for such earth stations at 2 some BAS TVPU ENG operations may
changes to BAS equipment or use, and GHz. The situations MSTV/NAB face uncertainty regarding protection
select the sharing and mitigation describe in the studies referenced in from DOD earth station transmissions.
techniques most appropriate to each their petition for reconsideration are no In view of the above, we disagree with
particular situation, to achieve the most more challenging than those at Buckley, MSTV/NAB’s contention that the
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effective sharing with BAS. Because the and therefore, we conclude that the Commission acted in an arbitrary and
most effective techniques for sharing Commission fully considered the capricious manner with respect to its
will be different at each site, the interference concerns of the nature evaluation of the studies MSTV/NAB
Commission purposely declined to raised by MSTV/NAB. reference in their petition.

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29814 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations

16. We also deny SBE’s request that while the specifics of how DOD believe that DOD can protect the point-
we adopt specific sidelobe suppression facilities will accomplish such sharing to-point and fixed RO facilities through
criteria that would require the use of in individual cases can and should be coordination with licensees or with the
‘‘pie plate’’ shrouds on all DOD TT&C determined closer to the time such assistance of a local BAS frequency
earth station antennas. In the AWS facilities are deployed, we would coordinator. Further, we recognize, as
Seventh Report and Order, the interject considerable uncertainty into we did in the AWS Seventh Report and
Commission declined a request by the ability of AWS to enter the 1710– Order, and as noted by SBE, that
Gannett to impose certain conditions 1755 MHz band if we eliminated the protecting these ENG RO antennas will
that would restrict DOD’s options at the provisions the Commission made in the be challenging, as they must be able to
Buckley site, such as relocation of the AWS Seventh Report and Order for DOD receive, and thus point, in all
DOD earth station away from Denver, to move its facilities into the spectrum directions—and in the case of omni-
limiting power or vertical elevation of at 2025–2110 MHz. Similarly, MSTV/ directional antennas, without any
its antenna, or increasing its antenna NAB’s concerns that difficulties sidelobe suppression to reduce
sidelobe suppression through the use of associated with coordination could interference—to maximize coverage. We
a ‘‘pie plate’’ shroud. The Commission prove wasteful of BAS or DOD resources also clarify, at SBE’s request, for those
found that maintaining flexibility on or deprive consumers of new or rare situations where no reasonable
specific mitigation requirements, while enhanced services that would be coordination can be negotiated, and the
requiring coordination to protect facilitated by BAS are, at best, parties raise the issue with the
incumbent BAS operations, will allow speculative and do not outweigh the Commission or NTIA for their joint
the spectrum sharing situation to be expected new and enhanced services arbitration, that the Commission will act
customized for each site to meet the and consumer benefits that the rapid expeditiously in concert with NTIA to
requirements when DOD needs to use deployment of the AWS spectrum is consider the needs of both incumbent
the 2 GHz band. In this connection, we widely anticipated to provide. Finally BAS stations and the DOD earth station.
expect that the relationship between we note that, as a practical matter, only In such situations, the protection of BAS
each DOD earth station and incumbent the party initiating coordination (i.e., TVPU ENG RO sites, as well as fixed
BAS stations need not be one of strict DOD) would be in a position to make BAS sites, must be demonstrated.
frequency re-use, as suggested by SBE. the unlikely determination that further However, joint arbitration, if needed,
Rather, it should be one of frequency coordination of a particular DOD earth must necessarily consider the
sharing, incorporating coordination of station may not be productive—or flexibilities inherent to both earth
on-going operations where appropriate wasteful as suggested by MSTV/NAB— station and local ENG RO operations
to accommodate the varying needs of and only at the time of coordination, and antenna pointing, and any
both earth station and local ENG RO when specific BAS-earth station sharing arbitration will be binding on both
operations and antenna pointing, so that parameters can be established. parties. In this connection, we expect
both services can operate at the same 18. We agree with MSTV/NAB’s that both DOD and BAS interests will
time in the same area, whether on the assessment that the successful act in good faith to exercise flexibility,
same or adjacent frequencies, to the coordination of a DOD TT&C earth where feasible, in negotiating a
maximum extent practicable. station could inhibit the operation of reasonable accommodation and
some new BAS stations in an area. As coordination, and thus obviate the need
17. Although MSTV/NAB are the Commission observed in the AWS
concerned that the coordination efforts for arbitration.
Seventh Report and Order, once a DOD
we describe could be wasteful of BAS or TT&C uplink earth station has begun Other Matters
DOD resources, we believe the coordination, new BAS stations for
alternative approach—establishing rigid 20. As requested by NTIA in a letter
which coordination begins later must
sharing criteria and imposing particular of September 22, 2005, we are also
accept interference from the DOD earth
mitigation measures that must be station, as is normally the case for new adopting minor editorial changes and
employed in every situation—would be stations sharing spectrum on a co- corrections to footnotes G122, G123, and
more likely to waste valuable resources. primary basis. However, given the US276 to the United States Table of
By setting forth a plan to allow for existing proliferation of BAS facilities, Frequency Allocations in Section
sharing in this band, we take a particularly TVPU stations, in the 2 GHz 2.106—Table of Frequency Allocations.
significant and substantial step to allow band, we believe it likely that many new Specifically, we merge footnotes G122
for the development of AWS spectrum BAS stations would in effect be and G123 into a single footnote G122,
in the 1710–1755 MHz and 2110–2155 protected indirectly through the earth deleting the historical cite to the
MHz bands, which furthers one of the station’s protection of existing Omnibus Budget Reconciliation Act of
primary goals of this proceeding and, in incumbents. 1993 (‘‘OBRA–93’’) in G123 and slightly
turn, promotes the public interest. 19. While we are denying the modifying the language regarding
Although MSTV/NAB claim that our Petitions and affirming our decision that Federal operations. We also modified
approach ‘‘threatens to divert time and the BAS and other incumbent services the last sentence of footnote US276 to
effort from spectrum allocation will share the 2025–2110 MHz band replace language describing other
strategies that could more effectively with relocated DOD facilities, several mobile telemetering uses as ‘‘secondary
accomplish the Commission’s goals in matters the parties have raised warrant to the above uses’’—which may lead to
this proceeding,’’ it is unclear what additional clarification. We confirm, as confusion as to those uses’ underlying
these alternate strategies are, and the requested by SBE, that in coordinating primary allocation status—with
primary solution offered by the a DOD earth station, DOD must language stating that such uses ‘‘shall
Petitioners—additional studies of BAS– demonstrate protection not only to fixed not cause interference to, or claim
DOD sharing—would likely hinder the protection from, the above uses.’’
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BAS point-to-point facilities such as

quick and efficient deployment of AWS STL stations, TV relay stations, and TV 21. We also adopt minor editorial
in the reallocated bands. However, as translator relay stations, but also to changes to § 87.303(d)(1) to align the
discussed, we have ample record to fixed RO antennas used in conjunction language of that section with footnotes
provide for shared use of the band; with BAS TVPU ENG operations. We US78 and US276.

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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations 29815

Regulatory Flexibility Analysis Chief Counsel for Advocacy of the Small List of Subjects
22. Final Regulatory Flexibility Business Administration, and will be
47 CFR Part 1
Certification: The Regulatory Flexibility published in the Federal Register. See
Act of 1980, as amended (RFA) 1 5 U.S.C. 605(b). Administrative practice and
requires that a regulatory flexibility Congressional Review Act procedure.
analysis be prepared for rulemaking 47 CFR Parts 2 and 87
proceedings, unless the agency certifies 24. The Commission will send a copy
that ‘‘the rule will not have a significant of this Fourth Memorandum Opinion Communications equipment,
economic impact on a substantial and Order in a report to be sent to Reporting and recordkeeping
number of small entities.’’ 2 The RFA Congress and the Government requirements.
generally defines ‘‘small entity’’ as Accountability Office pursuant to the
Federal Communications Commission.
having the same meaning as the terms Congressional Review Act, see 5 U.S.C.
801(a)(1)(A). Marlene H. Dortch,
‘‘small business,’’ ‘‘small organization,’’ Secretary.
and ‘‘small governmental jurisdiction.’’ 3 Ordering Clauses
In addition, the term ‘‘small business’’ Rules Changes
has the same meaning as the term 25. Pursuant to Sections 1, 4(i), 7(a),
‘‘small business concern’’ under the 302, 303(f), 303(g), and 405 of the ■ For the reasons discussed in the
Small Business Act.4 A small business Communications Act of 1934, as preamble, the Federal Communications
concern is one which: (1) Is amended, 47 U.S.C. 151, 154(i), 157(a), Commission amends 47 CFR parts 1, 2,
independently owned and operated; (2) 302a, 303(f), 303(g), and 405, and and 87 as follows:
is not dominant in its field of operation; Section 1.429 of the Commission’s
and (3) satisfies any additional criteria Rules, 47 CFR 1.429, this Fourth PART 1—PRACTICE AND
established by the Small Business Memorandum Opinion and order is PROCEDURE
Administration (SBA).5 adopted.
26. Parts 1, 2 and 87 of the ■ 1. The authority citation for part 1
23. The Fourth Memorandum
Commission’s Rules are amended as continues to read as follows:
Opinion and Order makes only minor
editorial changes and corrections to the specified in rule changes, effective 30 Authority: 47 U.S.C. 151, 154(i), 154(j),
Rules adopted by the Seventh Report days after publication in the Federal 155, 225, 303(r), 309, and 325(e) unless
Register. This action is taken pursuant otherwise noted.
and Order in ET Docket No. 00–258. We
find that these changes are to Sections 1, 4(i), 7(a), 302, 303(f), and § 1.9005 [Amended]
insignificant.6 We thus conclude that 303(g) of the Communications Act of
these changes will have only a minor 1934, as amended, 47 U.S.C. 151, 154(i), ■ 2. In § 1.9005, remove and reserve
effect on the incumbent Television 157(a), 302a, 303(f), and 303(g). paragraph (p).
Broadcast Auxiliary Service (‘‘BAS’’) 27. The petition for reconsideration of
the AWS Seventh Report and Order in PART 2—FREQUENCY ALLOCATIONS
under part 74, Cable Television Relay AND RADIO TREATY MATTERS;
Service (‘‘CARS’’), under part 78, and this proceeding filed by the Association
for Maximum Service Television and GENERAL RULES AND REGULATIONS
Local Television Transmission Service
(‘‘LTTS’’) under part 101, in the band National Association of Broadcasters
(together, ‘‘MSTV/NAB’’) is denied, and ■ 3. The authority citation for part 2
2025–2110 MHz, and on the Aviation continues to read as follows:
Services under part 87 and Amateur the petition for reconsideration filed by
Radio Service under part 97, in the band the Society of Broadcast Engineers, Inc. Authority: 47 U.S.C. 154, 302a, 303, and
2360–2400 MHz, and hence a minimal (‘‘SBE’’), is granted in part and denied 336, unless otherwise noted.
economic impact on licensees.7 in part. These actions are taken
■ 4. Section 2.106, the Table of
Therefore, we certify that the pursuant to Section 405 of the
Frequency Allocations, is amended as
requirements of this Fourth Communications Act of 1934, as
Memorandum Opinion and Order will amended, 47 U.S.C. 405, and Section
not have a significant economic impact 1.429 of the Commission’s Rules, 47 ■ a. Revise pages 35 and 36.
on a substantial number of small CFR 1.429. ■ b. In the list of United States (US)
entities. The Commission will send a 28. The Commission’s Consumer and footnotes, revise footnote US276.
copy of this Fourth Memorandum Governmental Affairs Bureau, Reference ■ c. In the list of Federal Government
Opinion and Order, including a copy of Information Center, Shall Send a copy (G) footnotes, revise footnote G122 and
this final certification, in a report to of the Fourth Memorandum Opinion remove footnote G123.
Congress and the Government and Order, ET Docket No. 00–258 and The revisions and additions read as
Accountability Office pursuant to the WT Docket No. 02–8, including the follows:
Congressional Review Act, see 5 U.S.C. Final Regulatory Flexibility
801(a)(1)(A). In addition, this Fourth Certification, to the Chief Counsel for § 2.106 Table of Frequency Allocations.
Memorandum Opinion and Order and Advocacy of the Small Business * * * * *
this certification will be sent to the Administration. BILLING CODE 6712–01–P

1 The RFA, see 5 U.S.C. 601–612, has been Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 6 See ¶ 22 (clarifications) and ¶ 23 (minor

amended by the Contract With America 601(3), the statutory definition of a small business editorial changes), in the Fourth Memorandum
Advancement Act of 1996, Public Law 104–121, applies ‘‘unless an agency, after consultation with Opinion and Order.
110 Stat. 847 (1996) (CWAAA). Title II of the the Office of Advocacy of the Small Business 7 See 47 CFR part 74, Subpart F—Television
CWAAA is the Small Business Regulatory
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Administration and after opportunity for public

Enforcement Fairness Act (SBREFA). Broadcast Auxiliary Stations; 47 CFR part 78—
comment, establishes one or more definitions of
2 5 U.S.C. 605(b). Cable Television Relay Service; 47 CFR part 101,
such term which are appropriate to the activities of
3 5 U.S.C. 601(6). the agency and publishes such definition(s) in the Subpart J—Local Television Transmission Service;
4 5 U.S.C. 601(3) (incorporating by reference the Federal Register.’’ 47 CFR part 87—Aviation Services, and 47 CFR part
definition of ‘‘small business concern’’ in Small 5 Small Business Act, 15 U.S.C. 632. 97—Amateur Radio Service.

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29816 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations
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29818 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations

* * * * * following frequencies are shared with Communications Commission will

flight telemetry mobile stations: 1444.5, publish a document in the Federal
United States (US) Footnotes
1453.5, 1501.5, 1515.5, and 1524.5 MHz. Register announcing the effective date
* * * * * In the band 2360–2395 MHz, the of these sections.
US276 Except as otherwise provided following frequencies may be assigned FOR FURTHER INFORMATION CONTACT:
for herein, use of the band 2360–2395 for telemetry and associated Patrick Forster, Office of Engineering &
MHz by the mobile service is limited to telecommand operations of expendable Technology, (202) 418–7061.
aeronautical telemetering and associated and re-usable launch vehicles, whether SUPPLEMENTARY INFORMATION: This is a
telecommand operations for flight or not such operations involve flight
testing of aircraft, missiles or major summary of the Commission’s Ninth
testing: 2364.5, 2370.5 and 2382.5 MHz. Report and Order and Order, ET Docket
components thereof. The following In the band 2360–2395 MHz, all other
three frequencies are shared on a co- No. 00–258, WT Docket No. 02–353,
mobile telemetry uses shall not cause FCC 06–45, adopted April 12, 2006, and
equal basis by Federal and non-Federal harmful interference to, or claim
stations for telemetering and associated released April 21, 2006. The full text of
protection from interference from, the this document is available on the
telecommand operations of expendable above uses.
and reusable launch vehicles, whether Commission’s Internet site at http://
* * * * * It is also available for
or not such operations involve flight
testing: 2364.5 MHz, 2370.5 MHz, and [FR Doc. 06–4655 Filed 5–23–06; 8:45 am] inspection and copying during regular
2382.5 MHz. All other mobile BILLING CODE 6712–01–C
business hours in the FCC Reference
telemetering uses shall not cause Center (Room CY–A257), 445 12th
harmful interference to, or claim Street, SW., Washington, DC 20554. The
protection from interference from, the FEDERAL COMMUNICATIONS full text of this document also may be
above uses. COMMISSION purchased from the Commission’s
duplication contractor, Best Copy and
* * * * *
47 CFR Parts 22, 27, and 101 Printing Inc., Portals II, 445 12th St.,
Federal Government (G) Footnotes SW., Room CY–B402, Washington, DC
[ET Docket No. 00–258; WT Docket No. 02–
* * * * * 353; FCC 06–45] 20554; telephone (202) 488–5300; fax
G122 In the bands 2300–2310 MHz, (202) 488–5563; e-mail
2395–2400 MHz, 2400–2417 MHz, and Advanced Wireless Services FCC@BCPIWEB.COM.
4940–4990 MHz, Federal operations Summary of the Report and Order (ET
AGENCY: Federal Communications
may be authorized on a non-interference Docket No. 00–258)
basis to authorized non-Federal Commission.
operations, and shall not constrain the ACTION: Final rule. 1. In the Ninth Report and Order
implementation of any non-Federal (‘‘Ninth R&O’’) in ET Docket No. 00–
SUMMARY: This document establishes 258, the Commission discusses the
procedures for the relocation of specific relocation procedures that will
* * * * * Broadband Radio Service (BRS) apply to BRS and FS incumbents in the
operations from the 2150–2160/62 MHz 2150–2160/62 MHz and 2160–2175
band, as well as for the relocation of MHz bands, respectively. We also
■ 5. The authority citation for part 87 Fixed Microwave Service (FS) discuss the cost-sharing rules that
continues to read as follows: operations from the 2160–2175 MHz identify the reimbursement obligations
band, and modifies existing relocation for AWS and MSS entrants benefiting
Authority: 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, 307(e) unless procedures for the 2110–2150 MHz and from the relocation of incumbent FS
otherwise noted. Interpret or apply 48 Stat. 2175–2180 MHz bands. This document operations in the 2110–2150 MHz and
1064–1068, 1081–1105, as amended; 47 also establishes cost-sharing rules to 2160–2200 MHz bands and AWS
U.S.C. 151–156, 301–609. identify the reimbursement obligations entrants benefiting from the relocation
for Advanced Wireless Service (AWS) of BRS incumbents in the 2150–2160/62
■ 6. Section 87.303 is amended by
and Mobile Satellite Service (MSS) MHz band. The Commission, in earlier
revising paragraph (d)(1) to read as
entrants benefiting from the relocation decisions in this docket, has allocated
of incumbent FS operations in the the spectrum in the 2150–2160/62 MHz
§ 87.303 Frequencies. 2110–2150 MHz and 2160–2200 MHz and 2160–2175 MHz bands for
* * * * * bands and AWS entrants benefiting Advanced Wireless Service (AWS),
(d)(1) Frequencies in the bands 1435– from the relocation of BRS incumbents which is the collective term we use for
1525 MHz and 2360–2395 MHz are in the 2150–2160/62 MHz band. We new and innovative fixed and mobile
assigned in the mobile service primarily continue our ongoing efforts to promote terrestrial wireless applications using
for aeronautical telemetry and spectrum utilization and efficiency with bandwidth that is sufficient for the
associated telecommand operations for regard to the provision of new services, provision of a variety of applications,
flight testing of aircraft and missiles, or including AWS. This document also including those using voice and data
their major components. The bands dismisses a petition for reconsideration (such as Internet browsing, message
2310–2320 MHz and 2345–2360 MHz filed by the Wireless Communications services, and full-motion video) content.
are also available for these purposes on Association International, Inc. (WCA) as Advanced wireless systems could
a secondary basis. Permissible uses of moot. provide, for example, a wide range of
these bands include telemetry and DATES: Effective June 23, 2006, except voice, data, and broadband services over
associated telecommand operations for §§ 27.1166(a), (b) and (e); 27.1170; a variety of mobile and fixed networks.
associated with the launching and 27.1182(a), (b); and 27.1186, which In establishing these relocation
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reentry into the Earth’s atmosphere, as contain information collection procedures, we facilitate the
well as any incidental orbiting prior to requirements that have not been introduction of AWS in these bands,
reentry, of objects undergoing flight approved by the Office of Management while also ensuring the continuation of
tests. In the band 1435–1525 MHz, the and Budget. The Federal BRS and FS service to the public.

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