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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-9836

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** April 25, 1994

## Text

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.

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

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
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) Private Operational-Fixed Microwave Service licensees, with the
exception of public safety facilities defined in paragraph (f) of this
section, 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 (two-year voluntary negotiation period), and until
one year after an emerging technology service licensee initiates
negotiations for relocation of the fixed microwave licensee's
operations (one-year mandatory negotiation period) 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 (one-year mandatory negotiation
period). 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. Public safety facilities defined
in paragraph (f) of this section will maintain primary status in these
bands until four years after the Commission commences acceptance of
applications for an emerging technology service (four-year voluntary
negotiation period), and until one year after an emerging technology
service licensee or an emerging technology unlicensed equipment
supplier or representative initiates negotiations for relocation of the
fixed microwave licensee's operations (one-year mandatory negotiation
period).
* * * * *
(f) Public safety facilities subject to the four-year voluntary and
one-year mandatory negotiation periods, are those that the majority of
communications carried are used for police, fire, or emergency medical
services operations involving safety of life and property. The
facilities within this exception are those part 94 of this chapter
facilities currently licensed on a primary basis pursuant to the
eligibility requirements of Sec. 90.19 of this chapter, Police Radio
Service; Sec. 90.21 of this chapter, Fire Radio Service; Sec. 90.27 of
this chapter, Emergency Medical Radio Service; and subpart C of part 90
of this chapter, Special Emergency Radio Services. Licensees of other
part 94 facilities licensed on a primary basis under the eligibility
requirements of part 90, subparts B and C of this chapter, are
permitted to request similar treatment upon demonstrating that the
majority of the communications carried on those facilities are used for
operations involving safety of life and property.
3. Section 94.65 is amended by revising paragraph (g) to read as
follows:

Sec. 94.65 Frequencies.

* * * * *
(g) 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.

* * * * *
4. Section 94.81 is amended by revising paragraph (c) to read as
follows:

Sec. 94.81 Authorization of microwave equipment.

* * * * *
(c) 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 10,770-11,700 MHz
bands must meet the minimum payload capacity requirements of
Sec. 21.122(a)(3) of this chapter.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-9836 Filed 4-22-94; 8:45 am]
BILLING CODE 6712-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-9836. Public record. Not legal advice.