Redevelopment of Spectrum To Encourage Innovation in the Use of New Telecommunications Technologies

Federal RegisterApr 25, 1994

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 21, 22, and 94

[ET Docket No. 92-9; FCC 94-60]

Redevelopment of Spectrum To Encourage Innovation in the Use of

New Telecommunications Technologies

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By this Memorandum Opinion and Order (MO&O) the Commission

refines and clarifies the rules and policies adopted to make spectrum

available for emerging telecommunications technologies. The MO&O adopts

rules to complete a regulatory framework for relocating fixed microwave

operations where necessary to implement services using emerging

technologies in the 2 GHz bands. This action is necessary to provide 2

GHz spectrum for future wireless communications services while

preventing disruption to incumbent 2 GHz fixed microwave licensees.

This action facilitates future authorizations of a broad range of new

wireless communications services that employ emerging technologies.

EFFECTIVE DATE: May 25, 1994.

FOR FURTHER INFORMATION CONTACT:

Fred Lee Thomas, Office of Engineering and Technology, (202) 653-6204.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's

Memorandum Opinion and Order adopted March 8, 1994, and released March

31, 1994. A summary of the Second Report and Order (Second R&O) and

Third Report and Order (Third (R&O) that were reconsidered in the MO&O

may be found at 58 FR 49220 (September 22, 1993) and 58 FR 46547

(September 2, 1993), respectively. This action will not add to or

decrease the public reporting burden. The full text of this Commission

decision is available for inspection and copying during regular

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 duplication contractor, International

Transcription Service, (202) 857-3800, 2100 M Street NW., Washington,

DC 20037.

Summary of Memorandum Opinion and Order

1. The MO&O effects changes to the rules to further the

Commission's goals of providing for the fair and equitable sharing of 2

GHz spectrum by new services and the existing fixed microwave services

that currently use these frequencies, and for the relocation of

existing 2 GHz facilities to other spectrum where necessary. The rules

provide licensees of services using emerging technologies with access

to 2 GHz frequencies in a reasonable timeframe, while at the same time

preventing disruption to existing 2 GHz operations and minimizing the

economic impact on the existing licensees.

2. The MO&O responds to twelve petitions for reconsideration or

clarification that address a variety of issues related to Commission

decisions in the Second R&O and Third R&O. The modifications and

clarifications adopted conclude the Commission's actions to allocate

spectrum that can be used for emerging technologies. Such new

technologies are expected to contribute to the development of the

national information infrastructure and serve the need for ubiquitous

wireless access to voice and data communications, thus providing new

services to the public, creating new jobs, and fostering effective

competition in the global market.

3. In the Second R&O, the Commission adopted minimum digital data

rates for each channel bandwidth of the higher fixed microwave bands

made available for relocation of incumbents to ensure efficient use of

these bands. The Commission adopted a 3.5-year transition period ending

June 1, 1997, after which all new equipment for these bands must meet

the specified date rates. Further, to minimize the use of equipment

that does not meet the new efficiency standards, the Commission

prohibited the manufacture or importation of such equipment after July

15, 1994.

4. In the MO&O the Commission states that it is persuaded by the

petitions for reconsideration that the July 15, 1994 deadline may

unduly burden those manufacturers that recently have developed products

that comply with the old rules, particularly if the manufacturer

maintains a low or ``zero'' inventory. Therefore, the Commission

concludes that the deadline should be extended two years, to July 15,

1996. Changing the deadline will provide manufacturers flexibility in

discontinuing product lines that do not meet the new standard but will

maintain the Commission's goal to change to more spectrum-efficient

equipment within a reasonable time period. The Commission leaves the

3.5-year transition period unchanged because it believes that this

period is reasonable. Therefore, the Commission will continue to

require that all equipment applied for, authorized, and placed in

service after June 1, 1997, meet the efficiency requirements adopted in

the Second R&O.

5. In the Second R&O, the Commission reallocated five bands above 3

GHz to the private operational and common carrier fixed microwave

services on a co-primary basis and adopted specific channelization

plans for each band. The Commission also adopted changes in parts 21

and 94 of its rules that allowed variances to the channeling plans.

Specifically, the Commission stated that ``Fixed systems licensed, in

operation, or applied for in the 6525-6875 and 10,550-10,680 MHz bands

prior to July 15, 1993 are permitted to use channel plans in effect

prior to that date, including adding channels under those plans.''

6. The Commission believes that using the adopted frequency

pairings will facilitate efficient use of the spectrum. However, the

Commission recognizes that there will be locations, especially in

congested areas, where new links cannot be coordinated if the new

frequency pairings are used but which could be coordinated if a

frequency pair inconsistent with the new rules could be used.

Therefore, the Commission will consider on a case-by-case basis

authorizing frequency pairings inconsistent with the rules upon a

significant showing that the adopted frequency pairing plan would

preclude the requested link. Additionally, the Commission has included

language in Sec. 21.701(m) similar to Sec. 94.15(d) to provide for

these unique situations. Further, as already provided in the rules,

systems existing in the subject bands prior to July 15, 1993 may modify

existing links and add new links under the old frequency pairing plans.

However, the Commission encourages use of the new frequency plan

wherever possible because its use generally will provide for the most

efficient use of the spectrum.

7. In the Second R&O, the Commission concluded that the existing 20

MHz channeling plan for the 3.7-4.2 GHz band should not be modified.

This decision was made to protect existing satellite operations that

share this band with the point-to-point fixed microwave service. The

Commission authorized private fixed microwave licensees in addition to

common carrier licensees to use the band under the existing channeling

plan. However, the channeling plan published in the Second R&O

inadvertently reflected a 280 MHz separation between transmit and

receive frequencies. In the MO&O, therefore, the Commission is

correcting the channeling plan to reflect the original 20 MHz

separation between transmit and receive frequencies.

8. The Second R&O did not designate the 6425-6525 MHz band,

currently allocated to the fixed service and used for common carrier

Local Television Transmission Service (LTTS), for point-to-point fixed

service to accommodate incumbent 2 GHz fixed microwave users that would

be required to relocate. In its petition, Western Tele-Communications,

Inc. (WTCI) requested that the Commission issue a Further Notice of

Proposed Rule Making to allocate the 6425-6525 MHz band for general

common carrier use.

9. The Commission believes that the LTTS provides a useful service

and that sharing this band with fixed microwave operations would

significantly restrict the usefulness of this band for LTTS operations.

Further, the Commission believes that the five bands it has provided in

this proceeding will accommodate both incumbent fixed microwave

operations that must be relocated from the 2 GHz bands and future fixed

microwave growth. Consequently, the Commission will not initiate a

Further Notice of Proposed Rule Making proposing to reallocate this

band for general common carrier use.

10. In its petition for reconsideration, Comsearch requested the

Commission to reconsider the maximum power authorized in the 4, 10, and

11 GHz bands and the antenna standards for the 6 GHz band. WTCI

requested that the Commission reconsider the ATPC rules and allow for

up to a 10 decibel (dB) increase in power, instead of the 3 dB adopted.

11. The Commission agrees with the petitioners that the technical

rules governing fixed microwave operations in these bands should be

reviewed and updated to reflect advances in technology as well as

recent changes in our regulatory structure. However, it believes these

issues are best addressed in a proceeding dedicated to that purpose

rather than being addressed in piecemeal fashion in this and other

proceedings. Therefore, the Commission is deferring consideration of

technical issues regarding maximum authorized power, antenna standards,

and ATPC to a future proceeding.

12. In the First R&O, the Commission exempted licensees of

incumbent public safety facilities from involuntary relocation. In the

Third R&O, it clarified the definition of public safety. The

Commission's purpose in each decision was to ensure that essential

safety of life and property communications services are not disrupted

or otherwise disadvantaged.

13. The Commission concludes on its own motion that it would be in

the public interest to subject all incumbent facilities, including

public safety, to mandatory relocation if an emerging technology

provider requires the spectrum. Of particular concern is providing

adequate spectrum for operation of new licensed PCS services in major

urban areas where there are a large number of incumbent public safety

fixed microwave facilities and operation of unlicensed PCS devices. It

has been recognized by incumbent fixed microwave and PCS interests

alike that it will not be possible for PCS and fixed microwave to

operate in the same geographic area on the same frequency without

interfering with each other. Upon review, and after considering these

additional comments, the Commission is now convinced that PCS service

may be precluded or severely limited in some areas unless public safety

licensees relocate. Allowing all public safety facilities to remain in

the band indefinitely would defeat the Commission's primary goal of

providing usable spectrum for the implementation of emerging

technologies.

14. The Commission believes that certain public safety entities

warrant special consideration because previously they have been

excluded from involuntary relocation and because of the sensitive

nature of their communications. Therefore, it is adopting for the

public safety entities previously exempted from mandatory relocation a

relocation plan consisting of a four year voluntary negotiation period

followed by a one-year mandatory negotiation period. This policy,

summarized below, will not disadvantage incumbent public safety

operations required to relocate.

--All relocation costs will be paid entirely by the emerging technology

licensee. These costs included all engineering, equipment, and site

costs and FCC fees, as well as any reasonable additional costs.

--Relocation facilities must be fully comparable to those being

replaced.

--All activities necessary for placing the new facilities into

operation including engineering and frequency coordination must be

completed before relocation, including engineering and frequency

coordination.

--The new communications system must be fully built and tested before

the relocation itself commences.

--Should the new facilities in practice prove not to be equivalent in

every respect, within one year the public safety operation may relocate

back to its original facilities and stay there until complete

equivalency (or better) is attained.

15. In the Third R&O, the Commission clarified the definition of

public safety licensees operating 2 GHz facilities that would receive

special treatment in the relocation process. The facilities within this

exception were defined as those part 94 facilities licensed on a

primary basis under Sec. 90.19 Police Radio Service; Sec. 90.21 Fire

Radio Service; Sec. 90.27 Emergency Medical Radio Service; and subpart

C of part 90, Special Emergency Radio Services; and on which a majority

of communications are used for police, fire, or emergency medical

services operations involving safety of life and property.

Additionally, licensees of other part 94 facilities licensed on a

primary basis under the eligibility requirements of part 90, subparts B

and C, may request similar special treatment upon demonstrating that

the majority of the communications carried on those facilities are used

for operations involving safety of life and property. The Commission's

purpose in providing special treatment in the relocation process to

some licensees was to ensure that essential safety of life and property

communications services are not disrupted.

16. The Commission continues to believe that special treatment in

the relocation process should be reserved for only those facilities as

defined above. Special treatment in the relocation process for

facilities that provide only limited communications for safety of life

and property would negatively impact implementation of services

employing new technologies. Accordingly, the Commission will maintain

its definition of public safety facilities subject to the extended

relocation period addressed above.

17. In the Third R&O, the Commission authorized the grant of tax

certificates for any sale or exchange of property made in connection

with voluntary agreements to relocate fixed microwave facilities during

the designated two-year period for voluntary negotiations between

incumbents and emerging technology providers. This policy was

authorized to further the Commission's policy of encouraging voluntary

agreements to relocate fixed microwave facilities during the initial

two-year period. However, the Commission agrees with commenters that

tax certificates should be used to facilitate incumbent relocation from

the band designated for unlicensed PCS devices and in geographic areas

that are not developed by emerging technologies within the two-year

voluntary negotiation period. Accordingly, the Commission is modifying

its policy to authorize the grant of tax certificates to incumbent

fixed microwave operators that negotiate voluntary agreements during

either the voluntary or mandatory negotiation period. The Commission

will not grant tax certificates to incumbents forced to relocate or

that reach agreements after the mandatory negotiation period.

18. In the Third R&O, the Commission adopted a policy of generally

not permitting incumbent microwave operations to relocate within the 2

GHz band. While such relocation could be accomplished in many cases by

making modifications to the incumbents' existing equipment, such as

retuning it to another nearby frequency, the Commission concluded that

allowing relocation within the band for other fixed microwave

facilities would not be in the public interest because in most cases

the incumbent licensee eventually would be required to move to another

band. Any such intervening relocation would increase the overall cost

of relocating the incumbent fixed microwave facilities; increase the

cost to licensed emerging technology providers by increasing the number

of fixed microwave facilities that they may have to pay to relocate;

and burden incumbents with two relocations instead of one. However,

recognizing the need of public safety licensees not to disrupt

essential safety of life and property communication services, the

Commission authorized relocation within the 2 GHz band for incumbent

public safety facilities upon an adequate showing that such a

relocation would not adversely affect the operations of the public

safety incumbent, or any other fixed microwave incumbent or emerging

technology/PCS licensee.

19. The Commission's primary goals in this proceeding are to

provide usable spectrum for emerging technologies in a timely manner

and to provide for recommodation of incumbent operations when necessary

with a minimum of disruption to those operations. The Commission

believes that it is possible for some degree of sharing to exist

between emerging technologies and fixed microwave operations in these

bands, particularly as emerging technologies are developing. However,

the Commission believe that in the long term these bands will be

required primarily for emerging technologies, particularly in urban

areas. Therefore, it is inconsistent with the Commission's goals, as a

general policy, to encourage new or relocated fixed microwave use of

these bands. Specifically, the Commission believes that returning in

general will be detrimental to its goals, because most retuned fixed

microwave facilities ultimately would be required to move to another

band. Further, in cases where the current equipment is incapable of

being retuned, it would be necessary to purchase new equipment, which

would result in little saving of time or money in the relocation

process.

20. The Commission now believes, however, that some retuning may be

practical, particularly in rural areas where all of the spectrum

allocated for emerging technologies may not be needed. It believes that

allowing such retuning would facilitate the clearing of spectrum in

these cases and that such clearing may lead to quicker implementation

of PCS services in these bands. Therefore, the Commission will allow

relocation within the 2 GHz band where all interested parties agree to

the retuning of the incumbent's facilities. ``All interested parties''

includes the incumbent licensee, the emerging technology provider or

representative requesting and paying for the relocation, and any

emerging technology licensee of the spectrum to which the incumbent's

facilities are to be retuned.

21. The Commission is prohibiting any retuning to emerging

technology spectrum that is not yet allocated to a specific new

service, specifically, the 1970-1990, 2110-2130, and 2160-2180 MHz

bands. It is also not adopting a specific date for the relocation of

all incumbent facilities from the band designated for unlicensed PCS

devices, as requested by Apple Computer. The Commission believes that

the relocation framework adopted in this proceeding is sufficient to

allow for a timely relocation of the incumbent facilities from the

unlicensed band. However, if it becomes apparent that additional

measures are required by the Commission to facilitate the

implementation of unlicensed PCS, this decision may be reconsidered at

that time.

22. In the Third R&O, the Commission stated that a fixed two-year

period for voluntary negotiations will commence with its acceptance of

applications for emerging technology services, and a one-year mandatory

negotiation period for unlicensed spectrum will commence when an

unlicensed equipment supplier or representative initiates a written

request for negotiation with a specific licensee. The transition

framework adopted in this proceeding attempts to balance the need to

provide usable spectrum for emerging technologies as quickly as

possible against causing disruption to the incumbent operations. We

believe the two-tier negotiation process provides incumbents with

adequate protection in the relocation process, even in rural areas

where spectrum may not be required immediately for emerging

technologies. Therefore, the Commission continues to believe that in

order to facilitate the implementation of PCS in a timely manner, the

two-year voluntary negotiation period should begin in all areas upon

the receipt of applications for the emerging technology service.

However, to avoid ambiguity as to the exact date on which the voluntary

negotiation period will begin, the Commission will issue a public

notice specifying this date. The Commission also notes that this period

is for voluntary negotiations; and, therefore, that incumbents are not

required to negotiate until licensees have been designated, if they so

choose.

23. With regard to Apple's request to clarify which negotiation

period is applicable when it is necessary for a PCS licensee or

representative of the unlicensed devices to negotiate with a fixed

microwave licensee whose operations are in spectrum adjacent to that of

the PCS provider, the Commission concludes that the transition schedule

of the entity requesting the move will apply. For example, if a

representative for unlicensed devices needs to relocate a fixed

facility that is operating in spectrum allocated for licensed PCS, the

transition schedule for spectrum allocated for unlicensed devices (one-

year mandatory) will apply.

24. In the Third R&O, the Commission stated that its staff is

working with the National Telecommunications and Information

Administration (NTIA) to establish procedures to accommodate in the

adjacent government fixed service band at 1710-1850 MHz those non-

government 2 GHz fixed microwave facilities that technically cannot be

accommodated in higher bands. The Commission noted that NTIA has agreed

to provided limited, condition access to government spectrum on a case-

by-case basis.

25. The Commission's staff is continuing to work with NTIA to make

government spectrum available for relocation of existing 2 GHz

operations. Further, the Commission believes NTIA will make a good

faith effort to accommodate as many as possible of the links

recommended for relocation by the Commission. The Commission will

request that special consideration be given to reaccommodating links

that are technically difficult to accommodate elsewhere, including

those that operate in bands allocated for unlicensed services, those of

public safety services, and those that require long paths.

26. AMSC Subsidiary Corporation (AMSC) requested that the

relocation rules adopted in this proceeding not apply to the 1970-1990

and 2160-2180 MHz bands. AMSC stated that these bands were allocated

internationally at the 1992 World Administrative Radio Conference to

the mobile satellite service (MSS) and plans to petition to have them

allocated to MSS domestically in the near future. AMSC argued that the

relocation rules adopted in this proceeding were developed for local

markets and terrestrial technologies and that they may not be feasible

for MSS, which operates nationwide or, in some cases, worldwide.

27. This proceeding establishes relocation rules for the emerging

technologies bands and does not address what types of services should

be authorized in these bands. Other rule making proceedings, such as 2

GHz PCS, address specific services. Thus, AMSC's request is beyond the

scope of this proceeding and therefore is not being adopted, but may be

considered in a later proceeding that addresses MSS.

28. Ordering clauses. Accordingly, it is ordered, That the

petitions for clarification or reconsideration filed to the Second R&O

by Comsearch, Digital Microwave Corporation, and Western Tele-

Communications, Inc. and the petitions for clarification or

reconsideration filed to the Third R&O) by the American Association of

State Highway and Transportation Officials Special Committee on

Communications, Public Safety Communications Council, Public Safety

Microwave Committee, Forestry-Conservation Communications Association,

Association of American Railroads, Unlicensed PCS Ad Hoc Committee for

2 GHz Microwave Transition and Management, Utilities Telecommunications

Council, Apple Computer, and AMSC Subsidiary Corporation are granted to

the degree stated above and are denied in all other respects.

29. Further, it is ordered, That parts 21, 22, and 94 of the

Commission's Rules and Regulations are amended as specified below

effective 30 days after publication in the Federal Register. This

action is taken pursuant to sections 4(i), 7(a), 303(c), 303(g), and

303(r), of the Communications Act of 1934, as amended, 47 U.S.C.

154(i), 157(a), 303(c), 303(g), and 303(r).

30. It is further ordered, That this proceeding is terminated.

List of Subjects

47 CFR Part 21

Radio.

47 CFR Part 22

Radio.

47 CFR Part 94

Radio.

Amendatory Text

I. Parts 21, 22, and 94 of title 47 of the Code of Federal

Regulations are amended as follows:

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

1. The authority citation in part 21 continues to read:

Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,

314, 403, 404, 410, 602; 48 Stat. as amended, 1064, 1066, 1070-1073,

1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,

154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47

U.S.C. 552.

2. Section 21.50 is amended by revising paragraphs (a) and (b) to

read as follows:

Sec. 21.50 Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from

Domestic Public Fixed Radio Services to emerging technologies.

(a) Licensees proposing to implement services using emerging

technologies (ET Licensees) may negotiate with Domestic Public Fixed

Radio Service licensees (Existing Licensees) in these bands for the

purpose of agreeing to terms under which the Existing Licensees would

relocate their operations to other fixed microwave bands or to other

media, or alternatively, would accept a sharing arrangement with the ET

Licensee that may result in an otherwise impermissible level of

interference to the existing licensee's operations. ET Licensees may

also negotiate agreements for relocation of the Existing Licensees'

facilities within the 2 GHz band in which all interested parties agree

to the relocation of the Existing Licensee's facilities elsewhere

within these bands. ``All interested parties'' includes the incumbent

licensee, the emerging technology provider or representative requesting

and paying for the relocation, and any emerging technology licensee of

the spectrum to which the incumbent's facilities are to be relocated.

(b) Domestic Public Fixed Radio licensees in bands allocated for

licensed emerging technology services will maintain primary status in

these bands until two years after the Commission commences acceptance

of applications for an emerging technology services, and until one year

after an emerging technology service licensee initiates negotiations

for relocation of the fixed microwave licensee's operations or, in

bands allocated for unlicensed emerging technology services, until one

year after an emerging technology unlicensed equipment supplier or

representative initiates negotiations for relocation of the fixed

microwave licensee's operations. When it is necessary for an emerging

technology provider or representative of unlicensed device

manufacturers to negotiate with a fixed microwave licensee with

operations in spectrum adjacent to that of the emerging technology

provider, the transition schedule of the entity requesting the move

will apply.

* * * * *

3. Section 21.120 is amended by revising paragraph (e) to read as

follows:

Sec. 21.120 Authorization of transmitters.

* * * * *

(e) After July 15, 1996, the manufacture (except for export) or

importation of equipment employing digital modulation techniques in the

3700-4200, 5925-6425, 6525-6875, 10,550-10,680, and 10,700-11,700 MHz

bands must meet the minimum payload capacity requirements of

Sec. 21.122(a)(3).

4. Section 21.701 is amended by revising paragraph (d) and adding

paragraph (m) to read as follows:

Sec. 21.701 Frequencies.

* * * * *

(d) 3,700 to 4,200 MHz. 20 MHz maximum authorized bandwidth. 20 MHz

bandwidth channels:

------------------------------------------------------------------------

Receive

Transmit (receive) (MHz) (transmit)

(MHz)

------------------------------------------------------------------------

3710....................................................... 3750

3730....................................................... 3770

3790....................................................... 3830

3810....................................................... 3850

3870....................................................... 3910

3890....................................................... 3930

3950....................................................... 3990

3970....................................................... 4010

4030....................................................... 4070

4050....................................................... 4090

4110....................................................... 4150

4130....................................................... 4170

n/a........................................................ \1\4190

------------------------------------------------------------------------

\1\This frequency may be assigned for unpaired use.

* * * * *

(m) In the 3700-4200, 5925-6425, 6525-6875, 10,550-10,680, and

10,700-11,700 MHz bands point-to-point operations on other than the

listed frequencies may be authorized where it is shown that the

objectives or requirements of the interference criteria prescribed in

Sec. 94.63 of this chapter could not otherwise be met to resolve the

interference problems.

PART 22--PUBLIC MOBILE SERVICE

1. The authority citation for part 22 continues to read as follows:

Authority: 47 U.S.C. 154,, 303, unless otherwise noted and 307,

unless otherwise noted.

2. Section 22.50 is amended by revising paragraphs (a) and (b) to

read as follows:

Sec. 22.50 Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from

Public Mobil Service to emerging technologies.

(a) Licensees proposing to implement services using emerging

technologies (ET Licensees) may negotiate with Public Mobile Service

licensees (Existing Licensees) in these bands for the purpose of

agreeing to terms under which the Existing Licensees would relocate

their operations to other fixed microwave bands or to other media, or

alternatively, would accept a sharing arrangement with the ET Licensee

that may result in an otherwise impermissible level of interference to

the existing licensee's operations. ET Licensees may also negotiate

agreements for relocation of the Existing Licensees' facilities within

the 2 GHz band in which all interested parties agree to the relocation

of the Existing Licensee's facilities elsewhere within these bands.

``All interested parties'' includes the incumbent licensee, the

emerging technology provider or representative requesting and paying

for the relocation, and any emerging technology licensee of the

spectrum to which the incumbent's facilities are to be relocated.

(b) Public Mobile Service licensees in bands allocated for licensed

emerging technology services will maintain primary status in these

bands until two years after the Commission commences acceptance of

applications for an emerging technology service, and until one year

after an emerging technology service licensee initiates negotiations

for relocation of the fixed microwave licensee's operations or, in

bands allocated for unlicensed emerging technology services, until one

year after an emerging technology unlicensed equipment supplier or

representative initiates negotiations for relocation of the fixed

microwave licensee's operations. When it is necessary for an emerging

technology provider or representative of unlicensed device

manufacturers to negotiate with a fixed microwave licensee with

operations in spectrum adjacent to that of the emerging technology

provider, the transition schedule of the entity requesting the move

will apply.

* * * * *

PART 94--PRIVATE OPERATIONAL-FIXED MICROWAVE SERVICE

1. The authority citation in part 94 continues to read:

Authority: Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47

U.S.C. 154, 303, unless otherwise noted.

2. Section 94.59 is amended by revising paragraphs (a), (b), and

(f) and removing the undesignated text following paragraph (f) to read

as follows:

Sec. 94.59 Transition of the 1.85-1.99, 2.13-2.15, and 2.18-2.20 GHz

bands from Private Operational-Fixed Microwave Service to emerging

technologies.

(a) Licensees proposing to implement services using emerging

technologies (ET Licensees) may negotiate with Private Operational-

Fixed Microwave Service licensees (Existing Licensees) in these bands

for the purpose of agreeing to terms under which the Existing Licensees

would relocate their operations to other fixed microwave bands or to

other media, or alternatively, would accept a sharing arrangement with

the ET Licensee that may result in an otherwise impermissible level of